Free Until the Final Verdict by Christine McGuire Page B

you, or subject you to punishment for any crime, and that you can refuse to answer any such question, stating that the answer may tend to incriminate you. Do you understand?”
    Sanchez uncrossed and recrossed his legs. “Yes, I understand.”
    â€œIf you have retained counsel, the Grand Jury will permit you a reasonable opportunity to step outside the room to consult with counsel if you do so desire. State your name, please.”
    â€œAlejandro Sanchez.”
    â€œWhat is your business or occupation?”
    â€œI’m an emergency room physician at Española Community Hospital.” Sanchez’ voice was barely audible.
    â€œI realize this is difficult, Doctor, but please speak loudly enough for the reporter to record your answers.” Mackay softened her voice. “You were married to Jemima Tucker?”
    â€œYes.”
    â€œWould you characterize your marriage as happy or unhappy?”
    â€œI don’t know how to answer that.”
    â€œWere you aware that your wife had consulted with a divorce lawyer?”
    â€œMy attorney told me not to answer questions about my relationship with my wife.”
    â€œAs I previously stated, the Grand Jury is investigating the murder of your deceased wife. Are you refusing to answer questions about your relationship on the grounds that truthful answers would tend to incriminate you?”
    â€œI didn’t say that.”
    â€œWell, Doctor, that is the only grounds for refusing to answer my questions without being held in contempt of court.”
    â€œI’d like to consult with my attorney.”
    Mackay and the jurors waited for several minutes. When Sanchez returned, Mackay repeated the question.
    â€œOn advice of counsel, I refuse to answer,” Sanchez stated.
    â€œVery well. You told us that you work in the emergency room at Española Community Hospital. What hours do you normally work?”
    â€œIt varies. ER doctors rotate monthly. We generally work twenty-four-hour shifts starting at noon one day and ending at noon the next.”
    â€œWere you working last January eleventh?”
    â€œYes, I went to work at noon.”
    â€œAnd worked straight through until noon the next day—Saturday, the twelfth?”
    â€œThat’s correct.”
    â€œDuring your twenty-four-hour shifts, do you normally eat your meals on the hospital premises?”
    â€œI . . . Yes, normally.”
    â€œOn the evening of January eleventh, did you eat dinner at the hospital?”
    Sanchez uncrossed his legs and leaned forward. “On advice of counsel, I refuse to answer.”
    â€œAll right. Do you recall meeting with Sheriff Granz and me on the Sunday immediately following your wife’s death?”
    â€œYes.”
    â€œDuring that interview, did you tell us that you left the hospital for a little over an hour at about six o’clock, during which you were engaged in sexual intercourse with Bonnie Keefe?”
    â€œOn advice of counsel, I refuse to answer.”
    â€œAre you aware, Doctor, that Ms. Keefe has denied being with you that evening?”
    â€œNo! I . . . On advice of counsel, I refuse to answer.”
    â€œIs there any question I could ask you having to do with your wife, Jemima Tucker, or January eleventh that you would not refuse to answer, Doctor?”
    â€œProbably not.”
    â€œThank you, Doctor, you are dismissed. However, under penalty of contempt, you must appear before this Grand Jury at some later time, if requested to do so. Inspector Escalante is standing by outside to escort you to the jail nurse, who will take a sample of your blood.”
    When Sanchez left, Giacomini asked, “Ms. Mackay, how should we interpret his refusal to answer your questions?”
    Mackay partially turned to face the jury box. “Good question. The Fifth Amendment privilege not only extends to answers that would in themselves support a conviction under California law, but likewise