The Fascinator Murders - 1. Chapter 1

The killer smiled. News of the latest murder has hit the front page. The cops are still flummoxed. There have been four victims, two male, two female. Four different races are represented: Caucasian, Negro, Hispanic, and the latest, Asian. The only clue mentioned in the article is the fancy hat left behind. The killer is curious. Why aren’t the glove, hairpin, tube of lipstick, or mascara pen mentioned?

The killer even wondered aloud, “Why don’t they mention the other clues I leave behind? Do they think the dead guys actually use lipstick or mascara?”

The killer could understand them not revealing the hairs. They always keep at least something back from the press. No real hint occurs in Gennaro Saggio, the lead detective’s brief statement:

“We’ve collected evidence from each crime scene that gives us some clue to the perpetrator’s identity, but we have no suspects at this time.”

The killer voiced the question aloud, “Wow, can he be any more nebulous?”

*********

Gennaro Saggio has been a detective for twelve years, the last seven as a lead detective in the Orono police department. He left Boston to try to get away from constantly dealing with violent crimes. Apparently, Orono wasn’t far enough away. Six years in a uniform before that gave him quite a bit of experience. But this case had him completely perplexed.

He reviewed the cases' particulars in his mind.

Lisa Jameson, victim number one. Female Caucasian, thirty-one years old. She was an administrative assistant. Lived and died on the south side of the city. Shot at close range in the back of the head with a small caliber gun a block away from her home. Her wallet was left on her back underneath a hat, open, with no cash. An apparent robbery. Perhaps the victim tried to get away. The hat was initially thought to be her own until two dark brown hairs inside the brim that didn’t match her color, auburn, or later her DNA after it was tested. In addition, a single ladies’ leather glove was on her right hand. Did the killer take the other? Was it a trophy?

Exactly sixteen weeks later, it was Thomas Wayne, Negro male, seventy-four years old, widowed and retired. Discovered at home, stabbed in and around the chest twelve times. Surrounded in blood, a lipstick tube was placed vertically. Obviously not his lipstick. He was found sitting on an easy chair, with, wait for it, a lady’s hat perched on top of his head. He likely died in the chair, but there was no doubt he was stabbed approximately four feet away, where a pool of blood covered the carpet. This time, the foreign hairs were stuck to his face with a small piece of duct tape. The duct tape was a type that was sold in nearly every hardware department in the US. The hat and hairs apparently pointing at the same killer, but obviously planted this time. The hairs were consistent with those found near victim number one. He lived in the Southeast area of Orono.

Eight weeks after that, victim number three, Fernando Perez, nineteen, was found after another apparent robbery. Fernando worked in his parent’s delicatessen in Western Orono. The simple cash register was open, devoid of everything larger than a fiver. Three hairs consistent with the other victims were found where the twenties would be. Fernando wasn’t wearing mascara, so the pen found in the tens slot probably wasn’t his. The baseball bat that was used to crush his head was leaning against the counter with another ladies’ hat propped upon it. Two new patterns arose, the killer is apparently navigating the compass clockwise. The killer is also halving the interval between murders.

The latest victim, number four, forty-seven-year-old Rishika Sharma, was another found at home. This time was in the Northwest section of town, four weeks after victim number three. Rishika was a software engineer. Her crime scene escalated the violence further. Rishika was found in her bed, with twenty-nine slashes on all parts of her body, the fatal one across her throat. The only place on the bed that wasn’t bloody was directly underneath her prone body. No footprints led away from the bed. The hat was on one of the bed’s foot-posts. The once again consistent, foreign hairs were attached to a hairpin inserted deeply into her nose. The coroner’s report indicated the knife used to kill victim number two was used again.

**********

Two weeks later, the killer was stalking the next victim. Willingly providing the police with yet another clue, the killer was watching people on the north side of Orono. Dressed all in black, nobody noticed them following a Native American woman through a quiet neighborhood. Therefore, nobody noticed the ax being carried, either. Slowly catching up to his victim, Parker Toliver raised the ax, bringing it down on the top of Patricia Whitecloud’s forty-year-old head. Patricia died instantly, but Parker wasn’t finished. The ax fell again and again, leaving Patricia’s hands, feet, arms, legs, and head separated from her body. The matching left glove from victim number one was placed on the victim’s hand; the dismembered hand lying over her exposed genitals. The two feet were adorned with yet another hat. The foreign hairs weren’t found until the autopsy, having been inserted into the victim’s anus. Other than that, there was no evidence of sexual assault.

*********

Gennaro Saggio finally had a bit of hope. He was not pleased with yet another murder, but he had something to go on. The patterns repeated, the interval between killings was halved again, and navigating the compass. The next killing will probably happen in one week, in the Northeast section of the city. One negative was, if they couldn’t prevent it, it would be even more brutal than the rest.

However, Parker had been misleading the police. The next victim would break all of the patterns he had already laid. The police would expect a brutal murder of a man, perhaps of middle eastern descent in the Northeast section of town. He didn’t need to travel from his own Northeast Orono home to commit the next crime.

He strangled his twin sister, Sheila Toliver, a Caucasian woman, twenty-nine years old, in their own home. Sheila was his intended victim the entire time. He hated her, and wished he had the same luck with men as she did. Also breaking another pattern, he believed the police would never find this body. She was buried, with her own hair and hat, he liked using those, in the basement of the house they shared together. Sheila and Parker were the same size, had a similar build, and the family resemblance was remarkable. Parker buried Sheila under the unfinished portion of the basement floor, which he then covered in cement he had purchased slowly over the previous eight months. The first purchase occurred only two days before his first murder.

*********

Three days later, someone claiming to be Sheila Toliver entered the Orono police department to report her one-year younger sister Parker missing. The real Parker planned on hiding in plain sight. In addition to “Parker” being missing, so were five of Sheila’s most cherished possessions, her fascinators, her fancy hats. Upon hearing this, the desk sergeant immediately called detective Saggio. Gennaro escorted “Sheila” to his desk to gather further information.

“Miss Toliver, can you tell me a little more about these missing hats?”

Acting surprised, “Yes, but shouldn’t you be a little more concerned with my missing sister?”

“You have heard about the recent murders in town, haven’t you?”

“Murders? Well, I have heard people talking about them at work, but I don’t watch the news or read newspapers. There’s just too much awfulness in the world these days.”

“On or near each of the victims a hat was found. These hats could easily be considered fascinators.”

“Oh, my. Could Parker have committed those murders?”

“It sure sounds possible. If I showed you some pictures, would you be able to identify the missing hats?”

“Of course.”

Detective Saggio opened the murder book to the section containing the evidence gathered. As he flipped through the pages, Parker identified Sheila’s hats. In addition, he indicated she had a pair of gloves that looked like the ones left at two crime scenes.

“When you get home, could you check if perhaps you’re missing a tube of lipstick, Revlon Daylight Delight (802) and a Revlon Ultimate All-in-One™ Mascara, Blackened Brown (503)?”

Laying it on thick, he replied, “Of course. I think I may have purchased both of those, I do use Revlon products almost exclusively.”

“Another thing that hasn’t been publicized; hairs were found at the scenes that didn’t match the victims. Would you be willing to allow us to collect a few of your hairs to attempt to match against those?”

“My hair? Why?”

“If it was Parker that committed the murders, and planted your hats and perhaps these other items, she may very well have planted some of your hairs as well.”

“Yes, of course. I should tell you that one of my hairbrushes disappeared a while back, too.”

“Might that have been approximately eight months ago?”

“Probably. I obviously can’t be sure; it was only a hairbrush.”

“I understand. Something like that probably wouldn’t be considered a great loss.”

The detective produced a pair of tweezers and plucked a few of “Sheila’s” hairs, placing them in an evidence bag.

“Thank you very much. We’ll use the photo you brought in for an all-points bulletin, to try and locate Parker. If we hear anything, we’ll let you know.”

“Thank you, detective. She’s stayed out all night many times, and two nights once or twice, but never three nights, so I got worried. There’s only a year between us, so we’re very close. Now that she may have committed these murders, I’m more afraid than worried.”

“Take my card, I’m writing my home number on the back. If she comes back, don’t mention anything about this, not even that you reported her missing, and call me as soon as it’s safe. If she is the murderer, there’s no telling what she may do to you.”

“Oh, dear.”

“Don’t worry. It’s completely possible she simply panicked and left town, hoping to not get caught.”

“Okay, if you say so. I will call if I hear from her, that’s for sure.”

Parker obviously knew he’d never hear from his sister again.

“Thank you, miss Toliver. I’ll be in touch if I hear anything.”

*********

Parker went home, proud of himself that he fooled the detective. He knew they’d never find “Parker.” Parker and Sheila worked together, so doing her job would be easy, he’d just be doing his own job. When he returned from vacation on Monday, he would tell them that Parker disappeared and go on living as his sister.

The one thing that bothered him was the hair. He knew that identical twins shared one hundred percent of their DNA. Feeling she was a man; Parker had always made himself believe he was a fraternal twin. This was not the case, since they were indeed identical. She didn’t know it, but the hair wouldn’t be a problem for her.

Another month went by without further killings. Gennaro was more and more convinced that Parker was the killer and had skipped town. But something bothered him about Sheila. Sure, the hair matched. But Sheila had said Parker was a year younger. A background check proved that they were twins. Could she have been confused, upset by her sister’s disappearance? He decided to schedule a visit, to attempt to get a sample of Parker’s DNA. They had nothing else to go on and the case was getting cold. He was sure it would also match Sheila’s sample. Could Sheila be the real murderer, and killed Parker? Could Sheila be dead, and he had met Parker? If either of those were true, how could he know who was who?

At the end of his day Gennaro knocked on the Toliver front door. Sheila/Parker answered, surprised to see him. He quickly turned that surprise into concern for his missing sister. He was dressed in a gender-neutral outfit. It would have raised more suspicion in the detective if he was dressed as a man. Luck went his way for the moment.

“Have you found Parker?”

Gennaro had decided on using a little white lie, “Maybe. I came by to see if you had anything that may have Parker’s DNA. Siblings share some DNA, but I’d need to have a sample of hers before I can say anything conclusive.”

“Um, yes. I think I may be able to find something.”

Parker wasn't completely fooled, because he knew they didn't find Sheila's body, but he played along. He went into Sheila’s bedroom to retrieve her hairbrush and toothbrush. As he turned around to leave, the detective was right behind him.

“Oh! You startled me.”

“Sorry. I just wanted to make it easier for you. I’ll take those and show myself out.”

Saggio placed the items in evidence bags. He didn’t mention the “Sheila’s Mug” on the nightstand that Parker had neglected to remove, and still didn’t notice.

A week later when the preliminary DNA results were back, he knew the background check was accurate. The two were indeed identical twins. His big concern now was getting a search warrant. He had very little to go on. The year younger lie and the possibility that asking for Parker’s DNA brought the Toliver he’d met into Sheila’s room and not Parker’s were awfully weak. If the killer had left fingerprints at the scenes, it may be something. He wondered the whole night at home if he’d missed anything. His husband, Ted Ames noticed.

“You’re more concerned about this case than you’ve ever been before. What’s the matter, Gen?”

“Nothing I can put my finger on, Ted. Something just doesn’t feel right about the potential suspect’s sister.”

“She extra nervous or something?”

“No, not at all. If anything, not nervous enough. It’s like she knows her sister isn’t just missing. I wish I had fingerprints.”

“Didn’t you say there were other personal items at the crime scenes?”

“Yeah, but they’re easily things sisters would share.”

“So, they’d have both sets of fingerprints on them.”

“Yeah. Wow, yeah. I’ll have only the sister’s prints that came into the squad on the missing person’s report. If the items were really hers... I’ve got to go back in. I’ll never get to sleep if I don’t check this out.”

“Go. If I get my husband back just after spending a long night alone, I’ll take it.”

“Thanks, Ted. I’ll try not to wake you when I come back.”

“Good luck, Gen.”

“Thanks. I love you.”

“I love you too.”

*********

Detective Saggio walked into the station at ten-fifty. The overnight desk sergeant was curious.

“You’re in awfully late, Detective.”

“Yeah. I’m on to something and I knew I wouldn’t sleep anyway.”

“Serial killer case?”

“Yeah, what else?”

“I hope this is the break you need.”

“You and me both, Sarge. You and me both."

Gennaro read through the murder book cover to cover. There was no indication of checks for fingerprints on either the lipstick or the mascara. Not necessarily bad news, but not good news either. It was, however, definitely a procedural mistake. He called the evidence room on the off chance the second shift didn’t go home early.

“Evidence room. This better be good, I’m out of here in eleven minutes.”

“It is. This is Detective Saggio. I need to get the evidence for case 24-0731.”

Annoyed the officer snipped, “You need it now?”

“Yes, Officer. This is a serial murder case. If I’m right, the suspect may be getting nervous.”

“Okay, Detective. Sorry. I’ll go pull it now. Will you want to return it tonight?”

“No. I’ll keep it in my possession until morning.”

“It’ll be ready when you get here.”

“Thanks.”

Saggio was there within three minutes. The evidence box was ready.

“Sorry for my attitude, Detective. It was disrespectful of me.”

“No harm done. Wow, there’s this much?”

“Well, the baseball bat makes the large box necessary. It’s not that heavy. Sign here.”

“Thanks.”

Back at his desk, before he unsealed the box, he checked the book again to see if the bat had been fingerprinted. It had, but only the victim’s prints were found. He sliced open the tape and took out the lipstick and mascara. No fingerprint powder. He resealed the box and took the items to CID along with the missing person report.

“Hey, Phil. I need prints run on these items. Any way you can bump them to the front of the line?”

“Is this the serial case?”

“It is.”

“Want to wait?”

“Yeah, that’d be great.”

“Grab a coffee from over there, take a load off, I’ll have it for you in ten.”

“You’re the best.”

“I know. Make sure the captain knows that too.”

“If the prints turn out like I think they will, you’d have helped crack the biggest case in years.”

“Sweet. Be right back.”

Gennaro got a coffee but was too nervous to take more than two swallows. Phil came back in seven minutes.

“Not sure what you were hoping for, but the prints on the form and the other two items don’t match. And I don’t understand why they weren’t printed before. Jerry fucked up.”

“Yes!! If I wasn’t already married, I’d propose. I may still kiss you though. Getting printed now is still better than never. I should have noticed this sooner myself.”

“Hey, you know I’m married, too. And Liz wouldn’t appreciate me kissing other guys.”

“Yeah, yeah. You’re safe. Thanks a lot, Phil.”

“Captain Paris.”

“He’ll know. Goodnight.”

Gennaro filled out a search warrant request, highlighting the lie, the mug, and most importantly, the fingerprint discrepancy. He just hoped he’d get an easy judge. It was not quite one AM when he left the station; he may still get some sleep tonight.

*********

Parker was a little nervous about the detective’s visit. He gave the detective Sheila’s things so the DNA wouldn’t match his hair. He felt everything was going to be okay. He was still off the next day, so he was planning on sleeping in. That decision was yet one more mistake that would bury him.

The next morning, Parker was just making himself coffee when there was a loud knock on the door. Unconcerned, he casually opened the front door. He was surprised to see the detective with a gaggle of other folks, quite a few in uniform.

“What’s up detective?”

“Miss Toliver, I have a search warrant here which allows us to search the premises for anything that may be related to the recent murders in town.”

Parker frowned, “Are you sure Parker was the killer?”

“Yes. If you’ll please take a seat, Officer Denise Jesper here will watch you while the rest of us perform the search.”

Parker wasn’t as careful with the evidence in his home as he was at the crime scenes. The police found the ax in his garage and the gun and knife used in three of the killings in his nightstand. An open box of latex gloves was in the bathroom, which wasn’t tremendously unusual, but the killer left no prints at any of the crime scenes. The detective noticed the obviously unprofessional job done cementing the basement floor and sent for the contractors that handled that type of search. Parker was very nervous when two gentlemen walked through the house with a jackhammer.

An hour later, Detective Saggio returned to Parker’s living room.

“Parker Toliver, you’re under the arrest for the murder of Sheila Toliver and five others.”

The detective read Parker her rights, with Parker continually insisting he was Sheila. He finally indicated he understood his rights, confused as to where he went wrong. She was quiet for the entire trip to the police station. She was no more verbal when being questioned.

*********

The next morning, Parker was arraigned on six counts of first-degree murder. She was remanded without bail and was taken to the Maine Correctional Women's Center to await trial. He vehemently denied being a woman and was incensed at being brought to a women's facility. The staff at the prison knew better after she was stripped, searched, and provided her own pink jumpsuit. One more thing that pissed Parker off. Pink was not a man's color in her eyes.

Six weeks later, she returned to Orono to stand trial. She was to plead not guilty, indicating it was a case of mistaken identity, that he was really Sheila Toliver. Her public defender insisted that the defense would fail.

"Penobscot County Superior Court is now in session. The Honorable Judge Victor Y. Tennyson presiding. All rise."

Parker and her public defender, Gerald Dance, stood along with the rest of the court. He was unhappy that he was wearing a woman's pantsuit, but his lawyer felt she would get more sympathy dressed as a woman. Parker adamantly refused to wear the dress Gerald suggested.

The jury consisted of five Caucasian men, six Caucasian women, and one Negro woman.

"Mr. Patrick, are you ready with your opening statement?"

Johnson Patrick, Penobscot County's district attorney was trying the case. He wanted all the glory to himself. It was an election year, after all.

"Thank you, Your Honor. Ladies and gentlemen of the jury, the prosecution will prove, beyond a reasonable doubt, that the woman seated at the defense table, Parker Toliver, did willfully and with premeditation murder six residents of Penobscot County, namely within the city of Orono. The defendant will make claims that she is not Parker Toliver, but one of the victims, her sister Sheila Toliver. Fingerprint evidence will disprove that supposition. The murder weapons used in four of the killings were found in her house; a gun, a knife which was used twice, and an ax, which was used to brutally kill and dismember one of the victims. Finally, the last victim, her own sister, whom she professes to be, was found buried under a crudely poured cement slab in her own basement. The defense will try to convince you that it was Parker Toliver buried in the basement and someone else, some unknown culprit, committed the murders and somehow, surreptitiously killed and buried her sister. The prosecution asks you, the members of the jury, to find that woman, Parker Toliver, guilty of all six counts of first-degree murder. Thank you."

"Thank you, Mr. Patrick. Mr. Dance, are you prepared to make your opening statement?"

"Your Honor, the defense wishes to defer making their opening statement until before we present our case."

"As is your right. Mr. Patrick, please call your first witness."

“The prosecution calls Officer Phillip Bender, of the Orono Police Department.”

After Officer Bender is sworn in, Mr. Patrick begins his interrogation.

“Officer Bender, what is your role in the Orono Police Department?”

“I work in the Criminal Investigations Division, commonly known as the CID.”

“And exactly what role do you play in that department?”

“I am a senior investigator assigned to perform any number of duties, in this case, fingerprinting and identification.”

“Did you perform all of the fingerprinting necessary on this case?”

“I did not, but what I didn’t do myself, I reviewed closely.”

“On the evening of September fourteenth, twenty-twenty-three, were you asked to fingerprint a number of pieces of evidence?”

“I was.”

“Could you explain what that evidence was and what you found?”

“Of course. The first item was a missing person’s report on which the defendant’s fingerprints were found. The second and third items were objects of women’s makeup that contained the victim Sheila Toliver’s prints.”

“Were any other fingerprints found on these items?”

“Yes. On the missing person’s report, both the desk sergeant on duty when the defendant completed the report, and of the lead detective on the case.”

“And on the makeup?”

“No. Only the victim Shiela Toliver’s prints.”

“Did you or the CID staff obtain other fingerprints over the course of the investigation?”

“Yes, numerous items found in the residence shared by the defendant and her sister.”

“Were any of these items directly related to the proper identification of either sister?”

“Yes. A coffee mug with the marking Shiela’s Mug contained only the victim’s fingerprints. A .38 caliber handgun contained only the defendant’s fingerprints. Finally, a knife with a six-inch blade contained only the defendant’s fingerprints.”

“Was the handgun determined to be the one used in the murder of Lisa Jameson, the first victim?”

“Objection. The officer clearly identified himself as a fingerprint expert, not a ballistics expert.”

“Objection sustained. Move on Mr. Patrick.”

“Yes, Your Honor. Nothing further for this witness.”

"Cross examine, Mr. Dance?"

"Yes, Your Honor. Officer Bender, isn't it true that identical twins also share fingerprints?"

"No. That isn't true, although it is a common misconception. Even identical twins have different fingerprints."

"Oh. Um, Were the matches you found between the sisters and the evidence exact matches?"

"Technically, no. In fingerprint matching, a minimum of twelve matching minutiae is considered sufficient for a match."

"So, then you're saying they weren't exact matches?"

"Objection. The witness said nothing of the sort."

"Sustained. Rephrase your question, Mr. Dance."

"Yes, Your Honor. Did the comparisons you made have twelve minutiae matches?"

"No. They..."

"Just answer the question. Nothing further Your Honor."

"Redirect, Mr. Patrick?"

"Yes, Your Honor. One question. How many minutiae were found to match for each the defendant and the victim, Officer Bender?"

"The victim's prints had deteriorated slightly, so there were only fourteen matches. The defendant's comparison matched sixteen."

"Thank you, Officer Bender. Nothing further."

"The witness is excused. Mr. Patrick, please call your next witness."

"The prosecution calls Detective Gennaro Saggio."

The detective is sworn in, and Patrick begins the figurative burial of Parker Toliver.

"Detective Saggio, how long have you been a detective, and how long in the Orono PD?"

"Twelve years total, five in Boston, and seven in Orono."

"Did you oversee the investigation into all six murders in this case?"

"Yes, I did."

"I will take the victims one-by-one. Did the ballistics report confirm that the gun found in the Toliver residence, with only Parker Toliver's fingerprints present, was indeed the murder weapon for Lisa Jameson's murder?"

“Objection. Your Honor, leading.”

Sustained. Please rephrase the question, Mr. Patrick.”

“Of course, Your Honor. Detective Saggio, what did the results of the ballistic report related to Lisa Jameson’s murder indicate?”

"As you indicated, it confirmed that the gun found in the Toliver residence was indeed the murder weapon."

"For the second victim, Thomas Wayne, what did the coroner's report indicate about the knife found in the Toliver residence?”

"It confirmed that it was indeed the murder weapon for Thomas Wayne's murder."

"And similarly, the knife used in Rishika Sharma's murder?"

"Yes, the same knife was also confirmed as the murder weapon."

"Finally, what did the coroner's report conclude about the ax found in the Toliver residence?”

“It indicated that it was indeed the murder weapon for Patricia Whitecloud’s murder."

"Nothing further, your witness."

Mr. Patrick deliberately left out the other two victims, correctly assuming Dance would hang his own client on those two counts.

"Detective Saggio, is there any conclusive evidence linking my client to the murders of Fernando Perez and allegedly Sheila Toliver?"

"In the case of Fernando Perez, yes. The hat identified by your client as belonging to Sheila Toliver, and the hairs that match both Toliver women's DNA. For Sheila Toliver, the cement used to cover the body was consistent with the cement sold at Henderson's hardware, where receipts were found in the defendant's home indicating the cement was purchased there."

Dance frowned, "Nothing further."

"Redirect, Mr. Patrick?"

Smiling, "No, Your Honor."

"Call your next witness."

Knowing he had additional witnesses, he felt the case was already made, "The prosecution rests, Your Honor."

"Mr. Dance, are you prepared to make your opening statement?"

"No, Your Honor. The defense was under the impression several other witnesses on the witness list would be called by the prosecution. I respectfully request a continuance to prepare a new statement."

"Very well, Mr. Dance. Will an additional twenty-four hours be sufficient?"

The judge's demeanor clearly indicated he was not pleased and would not be allowing the defense more time. Twenty-four hours was typically determined to be sufficient.

"Um, yes, Your Honor."

"Very well. Court is recessed until nine AM December seventh; the day after tomorrow. The jury is excused until that time but warned not to discuss the case either amongst yourselves, or with any other parties. We are adjourned for the day."

Parker quietly spoke to his lawyer, "Thanks. You screwed me on two of the murders. If you didn't ask those questions, I'd only be looking at four counts."

"Forgive me, you'll serve three hundred years as opposed to two hundred. I told you to take the sixty-years to life with parole possible after forty. But no. You were confident the jury would believe you're not who the prosecution says you are. We'll go with what you insisted on when we return Thursday, but the almost definite convictions and impossible sentences are your own fault."

The bailiff was waiting, "I need to take her away now."

Parker was incensed, "Him! Take him away."

"Whatever. Come with me."

Mr. Patrick overheard what was said and walked out of the courtroom barely able to contain his laughter.

**********

Court resumed two days later.

"Mr. Dance, are you ready to present your opening statement now?"

"Yes, Your Honor."

That was his answer, but inwardly, he was thinking I'm ready, but there's no way in hell I'm happy about it.

"Ladies and gentlemen of the jury. The defense will show that the prosecution's case is completely circumstantial and a case of mistaken identity. We will provide proof that the defendant is indeed the supposed sixth victim, Sheila Toliver, and that Parker Toliver, whom she reported missing was killed in her own home by an unknown third party, having no knowledge of it or the other murders, Thank you."

The judge had to hide a smile, "Call your first witness, Mr. Dance."

"The defense calls Mrs. Rose Marie Toliver."

Mrs. Toliver is sworn in, and Dance begins his feeble defense.

"Mrs. Toliver, what is your relationship with the defendant and the sixth victim?”

“I am their mother.”

“Can you tell the court which of your daughters is present in court today?"

"Yes, that is Sheila."

"Are you positive?"

"Yes, a mother would know."

"Thank you. Nothing further."

"Cross examine Mr. Patrick?"

"Yes, Your Honor. Mrs. Toliver, could you explain to the court exactly how you know the defendant is your daughter Sheila, and not Parker?"

"Sheila had an accident when she was four. She fell onto a table and cut her chin. You can plainly see the scar on her face."

"Anything else?"

"Yes. Sheila was always confused about whether she was a girl or a boy, just the way she has been professing here."

"Isn't it true that both your daughters exhibited that confusion?"

"No. Why would you say that?"

"I don't need to answer your questions, but I will be calling a rebuttal witness that will disagree with you. Nothing further, Your Honor."

"Redirect, Mr. Dance?"

Dance hesitated, looking at Parker, "Um, no, Your Honor."

"Fine; call your next witness."

"Defense calls Sheila Toliver."

"Objection, Your Honor, Sheila Toliver is deceased, and cannot be called as a witness."

"Overruled. Since the defendant professes to be Sheila Toliver, until that is proven otherwise, she may use that name. Continue Mr. Dance."

Parker/Sheila is sworn in, and Dance's farce continues.

"Miss Toliver, would you please state your full name?"

"Yes. I am Sheila Jennifer Toliver."

"Thank you. Could you tell us your deceased sister's full name?"

"Yes, she was Parker Jessica Toliver."

"Did your sister Parker have a gender identity issue, as the prosecution would have us believe?"

"No, she didn't."

"But you do?"

"Yes. Since I was little, I have felt I am actually a boy, or male."

"Do you have male, or female genitalia?"

"Female, but that is not who I really am."

"Do you know anyone who would wish to do your sister harm?"

"Yes, an ex-boyfriend, Thomas Elk."

"Objection, Your Honor, hearsay."

"Mr. Dance?"

"I plan on calling Mr. Elk to verify the defendant's position."

"Objection, Your Honor. Does Mr. Dance really expect this Mr. Elk come into this court and admit he wanted to kill the victim?"

"Overruled. But I reserve the right to modify that ruling after Mr. Elk testifies if he doesn't say what defense indicates he will. Continue, Mr. Dance."

"Thank you, Your Honor. Just one more question, Sheila. Did you kill your sister and the other five people you are accused of killing?"

"Your Honor. I object. Mr. Dance is suborning perjury. If the defendant, Parker Toliver, is convicted, he has just asked his client to lie on the witness stand."

"I must overrule that objection as well, Mr. Patrick. On the legal tenet that the accused is considered innocent until proven guilty, Mr. Dance is within his legal right to ask the defendant that question. Should she be found guilty, I will consider both adding a perjury charge to Miss Toliver's sentence, and holding Mr. Dance in contempt, for suborning perjury. You may answer the question, Miss Toliver."

"I'm sorry, I lost track of what the question was."

Patrick started to object but decided not to waste his breath on a simple stalling tactic.

"I asked if you killed any of the people you are accused of killing."

"No. I killed no-one."

"Nothing further, Your Honor."

"Cross examine Mr. Patrick?

"May I have a short recess to try and make some sense out of the witness’s testimony before I begin cross, Your Honor?"

"Agreed. Court is recessed for fifteen minutes. Be prepared to resume at ten-fifty."

This judge was not one to tolerate unnecessary delays. He felt fifteen minutes was enough, especially with an obviously guilty defendant. After the recess, Patrick wasn't any closer to knowing anything unplanned to ask her. He decided to stick with his plan by going back to her mother's testimony.

"Miss Toliver, your mother testified that you had an accident when you were four that left a scar on your chin, is that correct?"

"I would prefer to be called mister, if you don’t mind. That statement is correct."

"Then how would you explain a doctor's examination concluded the scar to being less than a year old?"

"Objection, Your Honor. Foundation. There has been no testimony indicating the age of the defendant's scar is anything other than what her mother testified."

"Mr. Patrick?"

"Once again, a rebuttal witness will testify that the scar on the defendant's chin is indeed less than a year old."

"Overruled. Continue with cross."

"Your mother also testified that your sister did not have a case of gender confusion. Do you agree with that statement?"

"Yes."

"Nothing further, Your Honor."

"Call your next witness, then, Mr. Dance."

“The defense calls Thomas Elk.”

Mr. Elk is sworn in and inadvertently, Dance further torpedoes his own case.

“Mr. Elk, the defendant, Sheila Toliver has testified that you may have had an issue with Parker that may have tempted you to cause her harm. Is this true?”

“Objection, leading.”

“Overruled. The defendant made the statement Mr. Dance is attempting to confirm. You may answer the question, Mr. Elk.”

“Sure, we had issues. Parker kept insisting she was a man and wouldn’t let me touch her in an intimate way.”

“And this tempted you to harm her?”

“Idly threaten only. I told her that if she was a man, to prove it, and if she was, I would be happy to perform the sex change for her. I was sure I wouldn’t be performing that, um, operation.”

“Did you not tell me you would kill her?”

“No, I said, if I cut off her manhood, I would watch him bleed to death. She has no manhood.”

“But you had no proof that she wasn’t a man, did you?”

“I did. Sheila told me they were identical twins after I asked her about Parker’s position on her gender.”

“Nothing further.”

“Cross examine Mr. Patrick?”

Smiling, “No, Your Honor.”

“You are excused, Mr. Elk. Call your next witness.”

"The defense has no other witnesses, Your Honor."

"Mr. Patrick, you indicated that you have rebuttal witnesses. Are they immediately available?"

"They are, Your Honor."

"Excellent. You may proceed."

"Prosecution calls Mrs. Catherine Eckhold."

Mrs. Eckhold is sworn in.

"Mrs. Eckhold, could you please tell the court your maiden name?"

"Yes, it is Catherine Anders."

"Thank you. And what is your relationship with the defendant, and her sister?"

"We were all childhood friends, from I believe second grade, through high school."

"As friends for a period in excess of ten years, did you ever encounter a time where both Sheila and Parker exhibited gender confusion?"

"Objection, Mrs. Eckhold has not been introduced as an expert witness in this field."

"Sustained."

"Your Honor, if it please the court, my next questions will do exactly that."

"Ruling on the previous objection will be revisited. Continue Mr. Patrick."

"Thank you, Your Honor. Mrs. Eckhold, what is your current profession?"

"I am a psychiatrist."

"Do you have a specialty?"

"Yes, gender identification."

"How long have you been practicing in that specialty?"

"Five years."

"The previous objection is overruled. Continue Mr. Patrick."

"Again, have you witnessed occasions where either or both of the Toliver sisters exhibited gender confusion?"

"The proper term is Gender Dysphoria, and yes. Upon numerous occasions both sisters indicated they felt, at times, they were in the wrong bodies, their exact phrasing."

"Approximately how many times had they voiced this feeling of Gender Dysphoria?"

"I couldn't say exactly, but definitely a dozen or more times."

"Each?"

"Yes."

"Nothing further."

"Cross examine, Mr. Dance?"

"No, Your Honor."

"You may step down Mrs. Eckhold. Another rebuttal witness, Mr. Patrick?"

"Yes. Prosecution calls doctor Albert Ansten."

Doctor Albert Ansten is sworn in.

"Doctor Ansten, where you do you currently practice medicine?"

"I am on the visiting staff at the Maine Correctional Women's Center, among other similar institutions."

"Did you have occasion to examine the defendant while she was incarcerated?"

"Yes, I did. She complained of stomach pains on three separate occasions."

"And during any of those visits, did you have occasion to discuss the scar on her chin?"

"I did. She told me she received the scar when she was four years old upon my first visit when I commented about it being a nasty scar."

"Did you believe her?"

"No."

"Why not?"

"Scars fade over time. The bulk of that fading occurs in the first two years, but they continue to fade at a slower rate. After approximately twenty-five years, a scar of this magnitude will have faded significantly more. In addition, the fading between my first visit and subsequent visits, and even now, is much more obvious than changes in a twenty-five-year-old scar would be. It is still fading noticeably."

"Thank you doctor. Nothing further."

"Cross examine Mr. Dance?"

Sadly, Dance answers, "No, Your Honor."

"Any further rebuttal witnesses, Mr. Patrick?"

"No, Your Honor."

"Rebuttal witnesses of your own, Mr. Dance?"

No change in demeanor, still sad, "No, Your Honor."

"Then, does the defense rest?"

Dejected, "Yes, Your Honor."

"Court is recessed until nine AM tomorrow morning, when we will hear closing arguments. Once again, the jury is admonished not to discuss this case, either amongst yourselves, or with any other parties. We are adjourned for the day."

The trial resumed the next morning.

“Your summation, Mr. Patrick?”

“Thank you, Your Honor. Ladies and gentlemen of the jury, you’ve heard the prosecution’s evidence. I don’t think you need me to repeat it. The defense has attempted to indicate that the defendant, Parker Toliver, was indeed her sister, Sheila Toliver. Even their own witness, the defendant’s mother, was incorrect in identifying her daughter. Fingerprint evidence and a doctor’s testimony prove that the defendant isn’t who she claims to be. The prosecution requests that you, quite properly, find the defendant, Parker Toliver, guilty on all six counts of first-degree murder. Thank you.”

“Your summation, Mr. Dance?”

“Thank you, Your Honor. Ladies and gentlemen of the jury, it’s apparent after the testimony you’ve heard that the defendant is not in her right mind. You would be right in proclaiming her not guilty by reason of insanity…”

“Objection. Your Honor, Mr. …”

“You can stop there, Mr. Patrick. Mr. Dance, you started your case by indicating it was a case of mistaken identity. You cannot change that to an insanity defense at the eleventh hour. Never mind that you’ve offered no testimony that your client is insane. No psychiatric evaluations have occurred, or if they have, no evidence has been brought forward. I will offer you another opportunity to provide a proper summation, if only to avoid an obvious cause for appeal. Court will be recessed until one PM. Will that be enough time to form a proper summation, Mr. Dance?”

Dance looked like a little boy, caught with his hand in the cookie jar, “Yes, Your Honor.”

One PM came and Dance tried again.

“Ladies and gentlemen of the jury, I apologize for the misdirection I brought up before. But the fact remains, the defendant truly believes she is Sheila Toliver. Parker Toliver is on trial here. As such, you must find the defendant, Sheila Toliver, not guilty on all counts. Thank you.”

The judge provided the jury with their instruction and released them to deliberate.

The PD was right in his comments to Parker, the mistaken identity defense was a mistake. Parker Toliver was sentenced to six terms of life in prison with no chance for parole. A perjury charge would not appreciably have changed the sentence, so the judge bypassed its addition. He did, however, cite Gerald Dance for contempt, fining him two hundred dollars. It took the jury seventeen minutes to convict her. Twelve of which were spent discussing the upcoming snowstorm.

The End