Suzy Spencer - Wasted

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Table of Contents

AUTHORS NOTE

I am constantly asked why I wrote this book. My answer is always the same. Because its the story of abusebe it alcohol, drug, sexual, physical or emotionaland how it destroys lives unless admitted and faced.

Three people in this story were involved in alcohol, drug, sexual, physical and/or emotional abuse. One is dead. One is serving a life sentence in prison. One eventually admitted and faced her abuses and is sober and a functioning member of society.

I wrote this book because on the surface I have nothing in common with these people, but scratch below the surface and my friends, my family, my society and myself have too much in common with Kim, Regina and Justin.

Regina, you are not forgotten. You are still affecting lives. Thank God, there are steps to a life as beautiful as your smile.

Thanks goes to Deborah Hamilton-Lynne who brought me this story, Gregg Cox who gave me an interview before there was a book deal, Monica Harris who picked up on the idea, Paul Dinas who bought it, Jane Dystel who closed it, and Karen Haas who edited it.

Thanks also to Gail Van Winkle, Sgt. David Carter, Joel Silva, K.C. Anderson, Patrick Ganne, Jim Sawyer, Bonnie Thomas, John Carsey, Sheral Cole, Greg Ledenbach, Tommy Swate and, yes, Justin Thomas. Justin, you are always in my thoughts and prayers.

A special thanks to Reginas friendsYnema Mangum (and Sheila), Pam Carson, Amy Seymoure, Sam, Kyle Blake, Brad Wilson, and Mike White.

A very special and heartfelt thanks goes to Jeremy Barnes and, particularly, Anita Morales. I couldnt have written this book without you both.

I also could not have written it without my friendsDeb, Beth Martin Brown, Kathy Greenwood, Susie Craig, Kathe Williams, Jane Emily, Frank Campbell, Cynthia Clawson, Patti Berry and the Austin Writers League. Thanks, too, to my heroes Ben Masselink, of the University of Southern California Masters of Professional Writing program, and George Holmes.

But most of all thanks to my familyMommie, Siba, Jeane, Robert, Townie, Kathy, and Lavonia. Youve given me support that only God knows. I guess that means were stuck with each other.

POSTSCRIPT: THE SECOND TRIAL

Justin Thomas sat in his Texas prison whites, the only apparel hed worn since his conviction for murdering Regina Hartwell more than three years earlier. His short-sleeved pullover tunic of heavy cotton revealed the ever-increasing number of tattoos on his lean torso. The matching buttonless, zipperless, and beltless pants covered his hard, tattooed legs. The date was January 26, 2000, the start of a new century, a time when some thought life would end and others hoped for a new beginning.

Specifically, Thomas questioned, what does your office intend for me? He coolly watched Martin Silva, an investigator with the Riverside County, California, District Attorneys Office.

Justin Thomas was one of those who hoped for a new beginning. I wanna be with my kids, you know what Im saying? I got something out there. He really believed this. I got goals I wanna obtain, man. But Justin Thomass life before Regina Hartwell was about to come back to get him first creating a new beginning, then, seven years later, a whole new ending.

Martin Silva had flown from California to Texas to interview Thomas about the murder of Rafael Rafa Noriega, the very same Rafa whom Dorothy Brown had accused Thomas of killing. Well, Silva said, audibly exhaling, werewere probably gonna, were probably gonna see if theres enough to, uh, ififif theres gonna be enough to charge you.

Charge me?

In fact, on June 30, 1999, Riverside, California, authorities had issued a warrant for the arrest of Thomas for the murder of Noriega. The warrant carried the added weight of serious felony because a firearm had been used, special circumstancesthere had been a robbery during commission of the murderas well the burden of a previous conviction, the murder of Regina Hartwell.

Silva didnt tell Thomas that. What he said was Theres a lot of finger-pointing.... Then he mentioned the name Kelly Smith. You dont remember Kelly Smith?... Man! Its the kid that drove up there with you guys. With you an-an-and Dorothy.

Drove up where? Thomas tried to sound innocent.

Up to the egg ranchthe skinny kid.

Skinny kid? Thomas replied. There was a sly grin on his face. Thomas insisted that he was in Texas at the time of Rafael Noriegas murderwith his father and grandmother, trying to kick his crystal meth habit so that he could repair his failing marriage to his then-wife, Dawn. He also swore he was in the military when Noriega disappeared.

Neither was true.

He further insisted that he didnt have anything to hide, though he was nervous. Because I got screwed over in this case ... by trying to help Kim out, you know what Im saying? And I know how easy it is

Silva laughed.

for the DAs office to manipulate the law, man, you know what Im saying?

Well, I

Goddamn!... You know what Im saying? But... it keeps popping up.

The Noriega case had popped up in 1994, 1996, and 1998. By then, Thomas had thought there wasnt enough evidence to corroborate Browns story and believed the case against him had been dropped.

You just cant make things disappear, Silva said.

And they didnt. On June 13, 2000, nearly one year after the California warrant had been issued, Thomas stood in a Riverside County courtroom. Hed been extradited from Texas to the Golden State to face the Noriega murder charges. Thomas pleaded not guilty and was held without bail.

On July 5, 2000, five years to the day that he was incarcerated for Regina Hartwells murder, Thomass first California public defender asked to be removed from the case. Pete Scalisi, a veteran defender in capital murder cases, replaced him. On December 7, 2001, the state of California announced its intention to seek the death penalty. That began a nonstop series of postponements that would take Thomas through more than a dozen judges, two district attorneys, as well as three prosecutors. Twice, Deputy District Attorney Chuck Hughes took over the prosecution. He became obsessed with putting Thomas on death row.

Thomas was equally obsessed with fighting his Texas conviction. On December 22, 2006, more than ten years after hed been pronounced guilty in Austin, the California court allowed Thomas to sit as co-counsel on his Texas case, as he hoped for an appeal, still claiming he did not kill Regina Hartwell. By the beginning of 2007, Thomas wanted to fire his attorneys and be his own lawyer on the California case too. On February 23, 2007, the court granted Thomass motionScalisi and Darryl Exum, who had since joined the California defense team, were relegated to the role of standby counsel.

Approximately two weeks later, the court deposited taxpayer money in Thomass trust account so that he could buy a phone card. The card was only supposed to pay for phone calls that would help him prepare for his defense. Thomas used them for other purposes. He was becoming an old pro at manipulating the judicial system for his benefit.

By August 2007, after sitting in the Riverside County jail for more than seven years, the longest time of any inmate in the jails history, Thomas told reporters from the Riverside Press-Enterprise that he spent his time studying the law and hed just received a stack of legal manuals, which the court had purchased for him. Right about that same time, Thomas relinquished his role as attorney.

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