VACUUM COUNTY

Excerpt from PART ONE, Chapter 8

Copyright 1991 Aya Katz

Chapter 8

ACUTE DEPRESSION

TRANSCRIPT OF GRAND JURY PROCEEDING -- SECURED FILE

EXCERPT

BY MR. GREEN

...

Q Now, Mr. Cabeza de Vaca, you have come here of your own free will, with the understanding that anything you say can be used against you.

A Yes.

Q And you have decided to dispense with an attorney, though you know you have the right to have one present.

A Yes.

Q Now, the people of Vacuum County have not subpoenaed you here as a witness. You came here to defend yourself, then.

A No.

Q What was your purpose in coming here?

A To tell you what happened.

Q What happened where, Mr. Cabeza de Vaca? Can you be more specific?

A What happened at the Brown 'N Serve, in room 26, when my wife was shot.

Q All right. Why don't you tell us? Let's start at the first of it, then. You had been suspecting your wife for some time.

A No.

Q Come now, Mr. Cabeza de Vaca. It was all over town that she was ... having an affair with David Smith.

A I don't come to town often.

Q You mean to tell this jury that during the year and a half she'd been seeing David Smith, you didn't once suspect that there was another man?

A No. I ... trusted her.

Q And you didn't suspect David Smith?

A Of what?

Q Of sleeping with your wife.

A No. I didn't suspect him of that.

Q Now, a couple of days before she was killed, you had a fight with David Smith at the Brown 'N Serve?

A We argued. Yes.

Q What about?

A Campaign contributions.

Q Can you be more specific?

A He wanted me to contribute to his campaign. I refused.

Q Your wife was with you that day?

A Yes.

Q Mr. Cabeza de Vaca, isn't it true that you and David Smith were fighting over your wife, Abigail, that day?

A If we were, I didn't know it.

Q Now we've had testimony here today from countless people to the effect that the entire County was aware of David Smith's involvement with your wife. You mean to tell me that everybody knew, and you didn't even suspect?

A. I ... That is correct.

Q. You trusted your wife and you didn't have an inkling?

A. Yes.

Q All right. But on the day of the murder, you suspected her then?

A I ... I didn't know ... Yes. I suspected her then.

Q When did you begin to suspect?

A When the Sheriff called me that evening and told me that Abby and David were in room 26.

BAILIFF: Order, please.

[Discussion off the record.]

Q All right. So when you heard that your wife and Mr. Smith were sharing a hotel room, you then believed they were having an affair?

A I suspected it.

Q And you took your gun with you.

A Yes. I always take my gun with me.

Q How long did it take you to get to the hotel room from the time you found out they were there.

A Twenty, thirty minutes.

Q That's a pretty long drive. It must have given you plenty of time to think. Did you intend to kill her? On the drive, did you think about it?

A I don't know. I wasn't sure.

Q You weren't sure whether you would kill her?

A No. I wasn't sure ... if it was true.

Q When were you sure?

A When I got to the hotel room and they were there. She was surprised to see me. For a moment, there was no act. That's when I knew.

Q And that's when you shot her?

A No. I was going to leave. I just wanted to get out of there. I felt ... I needed some air. But she called to me.

Q What did she say?

A She said ... She said: "Nabal, I love you." That's when I shot her.

Q Because she betrayed you?

A Because I can't stand liars.

....


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