Steve and Booger went through the same checkpoints, searches, and waivers that Steve had done the last time; but this time, instead of cold stares and little to no conversations, they got smiles and chit chat from at least one guard at each checkpoint. Booger greeted them with a smile and friendly conversation. Deputy Baldwin offered to catch up with Booger over some coffee, but the two of them wanted to get in with Scottie as quickly as possible so they declined.
Eventually, Steve and Booger were escorted into the same small room where Steve had met Scottie for the first time. Soon thereafter, the lock on the door clicked open, and Scottie Pinkerton walked in with his official escort; his hands and feet were free of chains, and he had a smile on his face. He became even happier when Steve introduced Booger, realizing the court had appointed
an investigator to his case.
“So,” Scottie said enthusiastically. “Maybe you aren’t just another lazy, court- appointed lawyer. Getting an investigator is more than anyone else ever done.”
“You said you would tell me what happened that day if I convinced you I believed you were innocent,” Steve said as he reached into his briefcase. He pulled out the three photos he’d used to persuade Booger to join the case.
“Looking at these pictures is what made me believe you. As you can see, the bedroom door is still intact, which means you never kicked it in, which means if Ashley lied about that, maybe she lied about everything on that call.”
“Ah!” Scottie exclaimed as he slammed his hand on the table. “You’ve got it! I tried to explain that I never harmed my wife to that bum, Hixon, but he wouldn’t listen. You are exactly right, and Hixon would have found that out if he’d been paying attention. I told you I’m innocent.”
“Well, now that I know you didn’t bust down the door, tell me what happened the day your wife was murdered.”
Scottie sat up in his seat and began to talk calmly. “I got up early that morning and went to the golf course for my usual Saturday morning round of golf. After I was done, I went straight home and—”
“That’s a lie, Scottie!” Booger interrupted sharply. “If you lie to us one more time, I will drop this case. Don’t you understand we are trying to save your life here, young man? The only chance we have to win this is if we know everything you know. Everything down to the smallest detail.”
Booger stood up, as if he was going to leave, but stopped and glared at Scottie. “Do you understand?”
“Yes…” Scottie lowered his head. “Okay, okay. Please just sit back down. I will tell you the whole story, but I’ve never told
anyone some of this, not in my whole life.” Booger sat back down.
Scottie’s eyes fixated on his own shoes. “After I finished nine holes of golf, I went to see a woman. I was having an affair when all this happened.”
“My entire adult life, I had a Saturday morning routine of playing a round of golf. For several months before Ashley was killed, I would meet this woman when I was supposed to be golfing. A round usually takes four hours, so I would play nine to make sure people saw me at the golf course and then meet her for the last two hours before I went home. I had rented a motel room the day before; we hooked up Friday afternoon and again that morning
since checkout wasn’t until noon.”
Booger looked knowingly at Steve.
No one is truly innocent. The words Booger had spoken, when they first met, echoed in Steve’s head as Scottie continued to speak.
“When I returned home from my little rendezvous, Ashley was on the phone with her brother. She was mad as all fuck. He’d gotten her all worked up. When she saw me, she immediately got off the phone and confronted me about the affair. She asked if I had been playing golf or been gone all morning to meet the other woman. I couldn’t even answer before she was yelling and screaming and throwing stuff at me. She came at me and scratched my face and neck all up. I was scared she was going to hit me, or worse. It wouldn’t have been the first time; she’d attacked me before, but I swear I never touched her. Not that day, not ever.” As Scottie said this last statement, he looked up to meet their watchful eyes.
Steve looked at Booger, who nodded to signal he believed the statement was true.
“She scratched me up pretty good, and then she got on the phone,” Scottie said. “She screamed that she was going to punish me for cheating on her, that she was going to get me thrown in jail for the weekend. She called 911 and acted like I had attacked her. She ran to the bedroom with her phone in her hand and slammed the door, all while screaming hysterically to them that she was in danger.”
Scottie took a deep breath “I just stood there in shock; I didn’t know what to do. So, I left. I went to the hotel room and took a shower. The shower is where I like to think. Sitting in there with the hot water beating down on my head and just sort of letting everything go… it’s how I focus on my problems. I planned on giving her time to calm down before going home to talk to her. I decided that I was going to end the affair and try to save our marriage. Ashley and I had drifted apart over the years. ‘Maybe this is rock bottom,’ I thought—the event that would wake us both up and get us back on track. The next thing I knew, the police were knocking on the door. When I opened it, they threw me down and arrested me for murder.”
Steve asked, “Anything else you can remember from the fight?” “No, not right now,” Scottie responded.
“Who was the lady you were having relations with?” Booger asked.
Scottie squirmed and then looked up at Booger. “Heather Walters.”
“The same Heather Walters who testified against you at trial?” Steve asked as his voice rose.
“The same one,” Scottie mumbled.
“Okay, so we have our first suspect,” Booger mused. “Anyone else you can think of who could have done this?”
“Suspect?” Scottie started shaking his head. “There is no way Heather killed Ashley.”
“Well, the fact she was your mistress is reason enough to make her a suspect. Any other ideas?”
Scottie scowled. “I have thought about this long and hard for the past seven-and-a-half years, and my best bet is Ashley’s brother, Brent Whitmore. He knew she was mad at me. She may have even planned the 911 call with him. He has always been a manipulative fucker, and he lived very close to our house.”
“You see, their parents were wealthy cattle ranchers. They owned almost ten thousand acres. After our marriage, Ashley’s parents built our house on their property. They built her brother and his wife a house on the same property. Their place was not that far, and he regularly drove his four-wheeler over to visit us. It would only take him about five minutes or so. If he left his house shortly after they hung up, he would have arrived about the time I left. He could have killed her and gotten away. That way, he takes out both his sister and me for her half of their inheritance. He could get it all, especially if he ended up being Gabriel’s guardian, which he has become since all this happened.”
“Interesting theory, Gabriel is your son right?” Steve said. “Anyone else you think could have done it?”
“Yes, he is my son. And, no I can’t think of anyone else, I am sure it was her brother,” Scottie said.
“All right, well, thank you for being honest with us. We are going to go talk to Walters and Whitmore. We’ll be back in a few weeks to let you know what we find out,” Steve said as he stood up and pushed the button to let the guards know the visit was over.
Scottie stood and walked toward the locked door. As he waited for the click of the deadbolt sliding open, he pleaded to Steve, “Please don’t tell anyone about Heather. She is still with her husband—they have two kids now. I don’t want any more lives ruined by Ashley’s murder.”
“I won’t,” Steve promised. “Even if I wanted to, I’m bound by attorney-client confidentiality, and Booger is bound by similar rules of ethics for investigators.”
“Thank you.” Scottie’s eyes teared up as he reached his arms out to hug Steve. “Thank you for believing in me. This is the first time since I got here six years ago that I have felt like I might not die in this godforsaken place with a needle in my arm. Scottie released his hug but held one hand on Steve’s shoulder, “Thank you.”
After they got into the car and out of earshot from any prison guards, Booger turned to face Steve. “The more I think about it, the more I am certain he didn’t tell us the whole truth about what happened that morning. I think he has been telling the same lie for so long that even he believes it, which makes it more difficult for me to figure out what is and isn’t true.”
“I still believe he didn’t kill her, though,” Steve said.
