GUILT
John
Lescroart
To Al Giannini, Don
Matheson and
- always - to Lisa
ACKNOWLEDGMENTS
Other valuable technical advice
came from Peter S. Dietrich, M.D., M.P.H.; Dr Boyd Stevens - San
Francisco's coroner; Dianne Kubancik, R.N.; Bonnie Harmon, R.N.; Dr
Mark and Kathryn Detzer; Dr Chris and Michelle Landon; Father Dan
Looney. Bill Mitchell, Communications Director of the Archdiocese of
San Francisco, was kind enough to show me the Chancery Office and
expose me to a great deal of interesting arcana about the Catholic
Church.
For their personal support, the
usual suspects - Karen Kijewski, William P. Wood, Richard and Sheila
Herman - have been there with unfailing goodwill, advice, and
generosity of spirit. Max Byrd is a terrific writer who's passed on
some terrific advice. Also thanks to my brother Emmett for his faith;
to Robert Boulware for post-game head straightening; to Jackie Cantor
for everything; and to Andy Jalakas, a true believer. Finally, I'd like
to thank my agent, Barney Karpfinger, for helping to make the dream a
reality.
We do not see things as they are;
We see things as we are.
Talmud
Part One
Mark Dooher couldn't take his
eyes off the young woman who had just entered the dining room at Fior
d' Italia and was being seated, facing them, at a table ten feet away.
His companion for lunch was, like
Dooher, an attorney. His name was Wes Farrell and he generally
practiced in a different strata - lower - than Dooher did. The two men
had been best friends since they were kids. Farrell glanced up from his
calamari, his baleful eyes glinting with humor, trying to be subtle as
he took in the goddess across the room. 'Too young,' he said.
'My foot, Wes.'
'All parts of you, not just your
foot. Besides which,' Farrell went on, 'you're married.'
'I am married.'
Farrell nodded. 'Keep repeating
it. It's good for you. I, on the other hand, am getting divorced.'
'I can never get divorced. Sheila
would never divorce me.'
'You could divorce her if you
wanted to ...'
'Impossible.' Then, amending:
'Not that I'd ever want to, of course, but impossible.'
'Why?'
Dooher went back to his pasta for
a moment. 'Because, my son, even in our jaded age, when ninety percent
of your income derives from your work as counsel to the Archdiocese of
San Francisco, when you are in fact a prominent player in the Roman
Catholic community, as I am, a divorce would play some havoc with your
business. Across the board. Not just the Church itself, but all the
ancillary
Farrell broke off a bite-sized
piece of Italian bread and dipped it into the little dish of
extra-virgin olive oil that rested between them. 'I doubt it. People
get divorced all the time. Your best friend, for example, is getting
divorced right now. Have I mentioned that?'
'Lydia's divorcing you, Wes.
You're not divorcing her. It's different. God,' he said, 'look at her.'
Farrell glanced up again. 'She
looks good.'
'Good?' Dooher feasted for
another moment on the vision. 'That woman is so far beyond "good" that
the light from "good" is going to take a year to get to her.'
'At which time, you'll be a year
older and forever out of her reach. Pass the butter.'
'Butter will kill you, you know.'
Farrell nodded. 'Either that or
something else. This calamari milleottocentoottantasei, for
example.'
'Or pronouncing it.'
A handsome young man in a
business suit - every male customer in the restaurant wore a business
suit - was approaching the woman's table. He pulled a chair out across
from her, smiling, saying something. She was looking up at him, her
expression cool, reserved. Farrell noted it, and something else.
'Don't look now,' he said, 'but
isn't the guy sitting down with her - doesn't he work for you?'
Wes Farrell was on his schlumpy
way up toward Columbus and the North Beach walk-up out of which he ran
his law business. Dooher lingered in the doorway at Fior d'Italia, then
turned and went back inside to the bar, where he ordered a Pellegrino.
He sipped the bottled water and
considered his reflection in the bar's mirror. He still looked good. He
had his hair - the light brown streaked with blond, camouflaging the
hint of gray that was only just beginning to appear around the temples.
The skin of his face was as unlined as it had been at thirty.
Now, at forty-six, he knew he
looked ten years younger, which was enough - any more youth would be
bad for business. His body carried 180 pounds on a six-foot frame.
Today he wore a tailored Italian double-breasted suit in a refined
shade of green that picked up the flecks in his eyes.
From where he sat at the bar, he
could watch her in profile. She had loosened up somewhat, but Wes had
been right - there was a tension in the way she sat, in her body
language. The man with her was Joe Avery - again, Wes had nailed it - a
sixth-year associate at McCabe & Roth, the firm Dooher managed.
(McCabe and Roth both had been forced to retire during the downsizing
of the past two years. Now, in spite of the name, it was Dooher's firm,
beginning to show profit again.)
He drank his Italian water,
looked at himself in the mirror over the bar. What was he doing here?
He couldn't allow himself to
leave. This was something he thought he'd outgrown long ago - such an
overwhelming physical attraction.
Oh sure, when he'd been
younger... in college a couple of times... even the first few years of
his marriage, the occasional dalliance, stepping out, somebody coming
on to him, usually, on a business trip or one of the firm retreats.
But that had stopped after the
one crisis, Sheila getting wind of what was going on with one of them.
She wasn't going to have it. Infidelity wasn't going to be part of
their lives. Dooher had better decide whether he wanted to sleep around
or keep the kids.
A hundred times since, he wished
he'd have let Sheila go, taking the kids with her.
But in truth, back then, fifteen
years ago, he was already unable to risk a divorce, already working
with some of the charities, the Archdiocese itself. There was big money
there, clean work. And Sheila would have scotched it if things had
gotten ugly.
He knew she would have. As she
would today.
So he'd simply put his hormones
out of his mind, put all of his effort into real life - work, the wife,
the kids, the house. He would be satisfied with the ten-fifteen-twenty
days of vacation, the new car.
Everyone else seemed to survive
in that secure between-the-lines adult existence. It wasn't so bad.
Except Mark Dooher hated it. He
never got over hating it. He had never had to play by the same
rules as everyone else. He was simply better at everything, smarter,
more charismatic.
He deserved more. He deserved
better.
That couldn't be all
there was. Do your job, live the routine, get old, die. That couldn't
be it. Not for him.
He couldn't get the woman off his
mind.
Well, he would just have to do
it, that was all. He'd call up his fabled discipline and simply will
her out of his consciousness. There was nothing to be done with her
anyway. Dooher didn't trust the dynamic of lust, that hormonal rush and
then the long regret. No, he wasn't about to get involved with all that.
It was better just to stop
thinking about her. Or at least not get confused, keep it in the realm
of fantasy. It wasn't as if he knew anything about her, as if there
could be real attraction.
In fact, if that turned out to be
the case, it would be far more complicated. Then what? Leave Sheila ...?
No, it was better not to pursue
it at all. He was just in one of his funks, believing that the
opportunity that would give his life new meaning was passing him by.
He knew better. In reality,
everything disappointed. Nothing turned out as you hoped.
He'd just suck it up and put her
out of his mind, do nothing about the fantasy. He didn't even want to
take one step, because who knew where that could lead? He'd forget all
about her. He wasn't going to do anything.
It was stupid to consider.
Joe Avery looked up from the
clutter of paper littering his desk, a legal brief which was already
anything but brief. 'Sir?'
Dooher, the friendliest boss on
the planet, was in the doorway, one hand extended up to the sill, the
other on his belt, coat open, sincere smile. 'A Mardi Gras party. Feast
before fast. Unless you've got other plans ...'
'Well, I...'
'You'll enjoy it. Sheila and I do
it every year. Just casual, no costumes, masks, taking to the streets
afterwards, none of that. And pretty good food if you like Cajun.
Anyway, eight o'clock, if you're free.'
Avery was young and gung-ho and
hadn't spoken to Dooher more than a hundred times in his six years with
the firm, had never spent any time with him socially. His mouth hung
open in surprise at the invitation, but he was nodding, already
planning to be there, wondering what was happening.
Dooher was going on. 'If you've
got other plans, don't worry about it, but you've paid your dues around
here - you're up for shareholder this year if I'm not mistaken?'
Avery nodded. 'Next, actually.'
Dooher waved that off. 'Well,
we'll see. But come on up. Bring your girlfriend, you got one. Or not.
Your call. Just let us know.'
Then Dooher was gone.
A long week later - party day -
and it was going to rain.
Dooher had noticed the clouds
piling up on themselves out over the ocean as he drove to his home in
St Francis Wood.
He considered his neighborhood
the best of all worlds. It was both the city and a suburb, but without
the blight of either. He had civilized neighbors. An elegant, gracious
canopy of old boughs shaded the streets by day, enclosing them with
what felt like a protective security by night. Stands of eucalyptus
perfumed the air in the fall, magnolias in the summer.
The street was quiet, with large
houses, widely spaced. Most cars were in their garages, although - in
the few houses with small children - vans squatted in driveways.
The afternoon sun gave a last
glorious golden shout through the clouds - and it stopped him for a
moment as he turned into the drive in front of his home.
Like the other facades on the
block, his old California Spanish hacienda was impressive, with its
tiled front courtyard behind a low stucco fence, ancient magnolias on
the lawn, wisteria and bougainvillea at the eaves and lintels.
Upstairs in the turret, Sheila's
office, a light had been turned on, although it wasn't dark. Imagining
her up there, Dooher felt a stab of what he used to call the occasion
of sin - the frisson of excitement. One deep breath drove the
thought away. After all, he had done nothing wrong.
He pulled up his driveway.
He parked in the garage and
closed the automatic door behind him, then walked back down the
driveway and into the house through the side entrance, as he usually
did.
'Hello!' Cheerfully announcing
his arrival.
He knew she was upstairs in the
turret, probably talking to one of their offspring, which she did when
he wasn't around. He'd seen the light on up there and knew she wouldn't
be able to hear him unless he bellowed.
So there was no answer except the
silent echoes of his own voice. 'Hello.' More quietly, with an angry
edge.
He went over to the refrigerator
- stuffed with party supplies - and pulled out a beer. Opening it with
the church key, he remembered days when she'd meet him at the door, his
drink in her hand, mixed. They'd sit in the living room and she'd join
him and they'd have a civilized half hour or so.
In those early years, even after
they had the kids, he'd come first for a long time. When had it ended
exactly? He couldn't remember, but it was long gone. He took another
sip of the beer, staring out the French doors into their backyard.
The wind had freshened in the
long shadows. A first large raindrop hit the skylight over his head.
'I thought I heard you come in.'
He turned. 'Oh? I didn't think
you had. You didn't answer.'
She used to be very pretty -
short, slim-waisted and high-breasted. She used to work at maximizing
what she had. She still could look good when she put her mind to it,
but at home - just for him - it never happened anymore. It didn't
matter to her. Mark knew what she looked like underneath the clothes -
slim waists and high breasts were in the past. She was forty-seven
years old and in decent shape, but she didn't look the way she did at
twenty-five. No one could or should expect her to.
Today she wore green sweats,
green espadrilles. Her once-luxuriant black hair was now streaked with
gray - she loved the natural look - and cut to a sensible length, held
back by a green headband. There had been nothing wrong with her face
when he'd met her - widely spaced hazel eyes, an unlined wide forehead,
an expressive, beaming smile. There was nothing wrong with her face
now, except that he'd seen every expression it could make, and none of
them had any power to move him anymore.
She was up next to him and put
her cheek against his, kissing the air - friends. 'I was on the phone,
Mark. The caterers. They're going to be a half hour late.'
'Again? We ought to quit using
them.'
She patted at his arm. 'Oh, stop.
They're great people and they make great food. You're just jittery
about the party.'
She turned on the tap at the sink
and filled a glass. He took a slow sip of his beer, controlling
himself. She was having water. 'You're right,' he said. 'It's nerves, I
guess. You want to have a drink with me?'
She shook her head. 'You go
ahead. I'll sit with you.'
'Are you going to drink tonight
at the party?'
Challenging, she looked up at
him. 'If I want to, Mark. It's all right if I don't drink, you know.'
'I didn't say it wasn't.'
'Yes, you did.'
He tipped his beer bottle up,
emptying it, then placed it carefully on the drain. 'I'm sorry,' he
said. 'You're right. I'm uptight. I'll go take a shower.'
Sheila was sitting at her
dressing table in the makeup room behind the bedroom, wearing only her
slip, her legs crossed, putting the finishing touches on her face.
Outside, night pressed a gloomy and oppressive hand to the window. The
lights in the room flickered as wind and driving rain rattled the
panes. In the bedroom, Dooher had dropped a cufflink onto his dresser
three times. More rattling.
Sheila stopped with her blush
brush and glanced over. 'Are you all right, Mark? Do you feel okay?'
He got the cufflink in, turned it
so it would hold, looked up. 'I'm fine. It's nothing, maybe the
weather.'
Sheila went back to the mirror.
'It'll be all right,' she said. 'Don't worry. Everyone will fit inside.
It might even make it more fun.'
Dooher made a face. 'Fun,' he
said, as though the concept were foreign to him.
She turned again, more slowly.
'Can you tell me what it is?' An expression of concern. 'Wes not being
invited?'
Because of Wes Farrell's pending
divorce from his wife, Lydia, Sheila had suggested with the force of
edict that they not take sides. So they had invited neither. It was the
first party they'd ever thrown that didn't include either of their
mutual best friends.
Mark Dooher could not tell his
wife that he'd had enough of the man he'd been pretending to be for so
long. Something had to change, was going to change. 'I don't think
that's it. I've been known to have fun without Wes Farrell
'Not as much, usually.' Teasing
him.
'Well, thanks for that,' he said.
Then, as she began to apologize, the doorbell rang. Dooher looked at
his watch. 'That'll be the band.'
He turned on his heel and left
the room. His wife looked after him, her face wistful, saddened. She
sighed.
The guests had been arriving
through the teeth of the storm, and Dooher and Sheila were greeting the
early arrivals in the spacious foyer. They'd hired a staff of five to
handle the food and drinks and there was of course the band, cooking
away early on the first of what would probably be twenty or thirty
takes of When the Saints Come Marching In.
Dooher's palms were sweating. He
didn't know for sure if the woman in the restaurant had, in fact, been
Avery's girlfriend. She might be anything to him - sister, cousin,
financial adviser, architect. But he did know Avery was coming,
bringing a guest.
He hadn't planned what he'd do
after he met her. It all synthesized down to the simple need to see her
again. If she wasn't with Avery tonight, he'd just...
But she was.
Dooher was moving forward, Sheila
at his side, putting his hand out, shaking Avery's as the woman
shrugged out of her raincoat, passed it to one of the staff, shook the
wet from a French braid. She wore a maroon faux-velvet dress with
spaghetti straps. There was a tiny mole on the swell of one breast. Her
body was already subtly catching the rhythm of the music. Avery was
introducing her, first to Sheila, then ...
'... and this is Mr Dooher, er,
Mark, our host. Mark, Christina Carrera.'
He took her hand and then -
without consciously intending to - briefly raised it to his lips. A
scent of almond. Their eyes met and held, long enough to force her to
look down.
No one noticed. Other guests were
arriving. He realized he was still holding her hand, and let it go,
including Avery now in his welcome. 'Thank you - both - so much for
braving this New Orleans monsoon.' He lapsed into a drawl. 'Sheila and
I had ordered a couple dozen degrees of humidity for... for verisimilitude's
sake, but this is takin' it a bit farther than I'd hoped, wouldn't
you say?'
He had struck the right tone.
They laughed, at home, embraced by the host. Sheila had her arm on his,
appreciating the return of his good humor. He nodded again at Avery.
'Go on inside, get yourselves some drinks, warm up. Have fun.'
Now that she was here, he could
be gracious. After his earlier apprehension, an almost narcotic calm
settled over him. There would be time to meet her, get to know her. If
not tonight, then .. .
She was in his house now. He had
her name - Christina Carrera. She would not get away.
They had remodeled their kitchen
five years before, and now it was a vast open space with an island
cooking area. A deep well, inset into the marble, provided ice and a
continual supply of champagne bottles. Across the back of the room -
away from the sinks - a twelve-foot table was laden with fresh-shucked
oysters, smoked salmon, three kinds of caviar, crawfish, crab cakes,
shrimps as big as lobster tails.
The band - cornets, trumpets,
trombones, banjos and bass - was playing New Orleans jazz, getting
into it. People were dancing throughout the downstairs, but here in the
kitchen, the swinging doors kept out enough music to allow conversation.
Christina was standing at the
well, alone, pouring champagne into two flutes that she'd set on the
marble. Dooher had seen her leave Avery with some other young people
from the firm, take his glass and go through the swinging doors into
the kitchen.
He came up behind her. 'While
you're pouring, would you mind?' He put his glass next to the two
others on the counter.
She turned and smiled. 'No, of
course not.' Her gaze stayed on him a second. 'This is a super party.
Thank you.' She tipped his glass, poured in a small amount of
champagne, let the bubbles subside, poured again.
'A woman who knows how to pour
champagne,' Dooher said. 'I thought it was a lost art.'
She was concentrating on the
task. 'Not in my family.'
'Is your family from around here?'
'No. They're from down south.
Ojai, actually.'
'Really? I love Ojai. I've often
thought I'd like to settle there when I retire.'
'Well, that'll be a long time from
now.'
'Not as long as you think ...'
She handed him his glass, and he touched hers. 'When I think of the
pink moment.'
She laughed. 'You do know
Ojai.'
The town was nestled in a valley
behind Ventura, and many times the setting sun would break through the
fog that hovered near the ocean and seem to paint the red rock walls of
the valley a deep pink. The locals set great store by it.
Dooher nodded. 'I tell you, I
love the place.'
'I do, too.'
'And yet, you're here.'
'And yet...' Her eyes glistened,
enjoying the moment, sipping champagne. 'School. USF' She hesitated a
moment. 'Law school, actually.'
Dooher backed up, his hand to his
heart. 'Not that.'
'I'm afraid so.' She made a face.
'They tell me it's an acquired taste, though I'm done in June and I
can't say I've been completely won over.' She smiled over her glass.
'Oops. I'm saying too much. Champagne talk. I should never admit that
to a managing partner.'
Dooher leaned in closer to her,
dropping to a whisper. 'I'll let you in on a secret - there are moments
in the profession that are not pure bliss.'
'You shock me!'
'And yet.. .' he said.
'And yet.'
A moment, nearly awkward with the
connection. 'Well, Joe's champagne's getting warm just sitting there .
.. that, I take it, is Joe's glass?'
'The dutiful woman...' she said,
softening it with a half-smile, but there was no mistaking it - some
tension with Avery. But she picked up his glass.
'Are you clerking somewhere this
summer? Have you applied with us?'
Most law students spent their
summers clerking with established firms for a variety of reasons -
experience, good pay, the inside track at a job offer.
Christina shook her head. 'Joe
would kill me.'
'Joe would kill you? Why?'
She shrugged. 'Well, you know .
.. he's on the hiring committee ... he thinks it would smack of
nepotism.'
'From the Latin "nepos", meaning
nephew. Are you Joe's niece, by any chance? Perhaps he's your nephew.
Are you two related to the third degree of consanguinity?' He raised
his eyebrows, humorous, but holding her there. 'Love those lawyer
words,' he said.
She was enjoying him. 'No. No,
nothing like that. He just thinks it wouldn't work.'
'Well, I may have to have a word
with Mr Avery ...'
'No! I mean, please, it would
just...'
He stepped closer again.
'Christina ... may I call you Christina?'
She nodded.
'Look, are you going to be a good
lawyer?'
'Yes. I mean, I think I am. I'm
law review.' Only the best students made law review.
Dooher pounced. 'You're law
review and . . .' He put his glass down, started over more slowly.
'Christina, listen, you're not doing yourself a favor, nor would you be
doing our firm a favor, by not applying if you think there
might be a good fit. A woman who is on law review and ...' He was about
to make some comment about her beauty but stopped himself - you
couldn't be too careful on the sexual harassment score these days.
'Well, you'll do meaningful work and you'll bring in clients, which is
quite a bit more than half the ballgame, although that's a dirty secret
I should never divulge to an idealistic young student.'
'Not so young, Mr Dooher
'Mark. You're Christina, I'm
Mark, okay?'
She nodded. 'But I'm really not
so young. I'm twenty-seven. I didn't start law school until two years
after college.'
'. . . so you've already got
practical work experience? Look, Christina, after what I'm hearing, if
you don't come down and apply at McCabe & Roth, I will
come out to USF and try to recruit you myself, clear?' He grinned.
Her champagne was half-gone. 'I
should really watch what I say when I'm drinking. Now Joe is really
going to be upset.'
'I bet he won't be upset.' He
touched her arm. 'Don't you be upset either. This is a party. I'm
sorry, I didn't mean to push it if it's—'
'No, he will. He also said that
there's no sense applying if we're going to get married because there's
a policy against attorneys being married.'
'Are you engaged? I don't see a
ring.'
'Well, not yet, not exactly, but...'
Dooher pushed it. 'Christina,
Joe's a good attorney but this doesn't have to do with him. It has to
do with what's best for your career. It's your decision. You come down
and apply, and it'll go through channels from there,capisce?'
'All right.'
'Promise?'
She nodded.
He clinked his glass against
hers, and they drank.
He awoke without the alarm in the
half-dark, listening to the water still dripping from the gutters. The
digital clock on the nightstand read 5:30.
He and Sheila hadn't come up to
bed until nearly 2:00, but Dooher had always been able to wake up at
any time he wanted, no matter how long he'd slept. It was a matter of
control, of discipline.
And he had made plans for early.
Sheila slept on her side of the
bed, the covers pulled high over her, and he slipped out and walked
over to the window. It was cold in the room but the chill braced him.
He stood, shivering, enjoying it.
The storm continued with no sign
of letting up. His spacious back lawn looked gray and somber, mottled
with soaking clumps of plant matter. The old elm's skeleton hung
barren, the bushes in the rose garden reached out their swollen
arthritic fingers - the whole place sepulchral within its enclosing
hedges.
It was Ash Wednesday.
Abe Glitsky's eyes opened to
blackness and he was suddenly all the way awake, sprung from fitful
sleep by the jack-in-the-box mechanism that had controlled his
metabolism over the past five months, ever since Flo had been diagnosed.
Unlike a jack-in-the-box, though,
he didn't move. Pop went the weasel and the lids of his eyes shot open,
but that was all that happened on the outside.
He lay there, listening in the
dead room. His wife was breathing evenly, regularly. His head rang - an
anvil for the staccato hammering of his heart.
Glitsky was a Homicide Inspector
with the Police Department. He'd been getting through the days by doing
what he had to do in five-minute increments, on the theory that if he
could just make it through the next five minutes, he'd be all right.
When the long vigil began, while
he felt he still had some analytical powers left, he'd tried to make it
through entire days at a time by force of will. He wouldn't think about
what was coming, what would be. But his focus on those days would keep
splitting up, disintegrating into pointillistic little nothings, the
stuff of his life unconnected, separating.
Now he was down to five-minute
intervals. He would function for five minutes, keep his focus. There
were twelve five-minute intervals in one hour, two hundred and forty in twenty hours.
He'd
consciously done the math. He was doing twenty-hour days, on average.
He was also into sit-ups, two hundred and forty sit-ups every day. A
symbol.
He wondered how he could be so
tired and not sleep, not be sleepy at all. He was never sleepy - tired
beyond imagining, far beyond what he'd ever thought were the limits of
his physical endurance, but his brain never slowed.
Sometime in the course of a night
or post-midnight morning, the apparatus that was his body would shut
down and he would lie unconscious for a few hours, but this never felt
like sleep.
Last night - a blessing - the
boom had lowered while he lay in bed next to his wife, praying for it.
Now - pop - he was up.
The digital changed - a flicker
at the periphery of his vision, the only light in the room -5:15. Still
deep dark, yes, but morning really. Far better than when the pop was
3:30, when he knew he was up for the day and it was still night.
He swung his legs off the bed.
At 6:15, Dooher was in the fifth
row of St Ignatius on the campus of the University of San Francisco
because of a hunch that Christina Carrera would appear, as she'd
implied jokingly when she'd said her goodbyes last night.
Dooher realized that the odds
might be long against her actually getting up and coming down to church
for ashes, but long odds had never fazed him.
After all, what had been the
odds, back when he was fifteen, that the baseball team he played for,
from San Carlos, California, would go all the way to the Babe Ruth
World Series? And then, beyond that, that Dooher would come up in the
bottom of the seventh inning, two out, one run down, with his best
friend Wes Farrell standing on second base? And that he would hit a
home run to win the whole thing?
Long odds.
Or, when he'd managed the Menlo
Park McDonald's in 1966 and '67 during his first two years at Stanford
and decided to take the stock option they were offering to their
management employees even though it lowered his pay by ten percent, to
under three dollars an hour. He'd taken a lot of grief from friends
about the thousand dollars he was throwing down the drain, but Mark had
had a hunch, and when he got out of law school eight years later, that
stock was worth over $65,000 and he and Sheila used it as the down
payment on the home he still owned, which they'd bought for $97,000 in
1975, and was now worth well over a million.
Long odds.
Kneeling in the pew, his knee
jammed painfully into the space between the padding so it would hurt,
some of the other riskier chances he'd taken came back at him. The time
when ...
But, halting his reverie,
Christina appeared in his peripheral vision. He lowered his head in an attitude of
prayer. She
was wearing jeans, boots, a Gore-Tex overcoat, and did not see him. She
kept walking, her own head bowed. A couple of pews in front of him, she
genuflected, stepped in and kneeled.
The Glitskys lived in an upper
duplex on Lake Street, and Abe was in the kitchen, bringing handfuls of
cold water to his face. A steady downpour was tattooing the roof, but a
thin ribbon of pink hung in the eastern sky, off to the right, out the
window over the sink.
The thing to do was get the
chores started, but he couldn't move. The order of things didn't flow
anymore.
How could he do this alone?
He wasn't going to ask that
question, not in this five minutes. It would paralyze him. He wouldn't
think about it.
He depended on Flo - she was one
of the world's competent beings. The two of them had split up their
domestic duties long ago. Glitsky had always helped with heavy
cleaning; he'd fixed things, lifted and moved, washed and dried dishes,
organized shelves and rooms and closets. When the boys had been born,
he'd changed diapers and heated baby food, but eventually their care -
dressing them, feeding them, comforting them - had fallen mostly to Flo.
And now it was falling back on
him.
How was he going to do it?
Stop it!
It wasn't that he minded doing
more work, or even thought about the work. Flo was not someone who
worked for him. She was his partner. In some fundamental way, he felt
he was half her, she half him.
And their life together - his
job, her competence, the boys - had taken every bit of both of them
together. How could that continue with only half of them? It wasn't a
matter of shaking the thoughts because they weren't really thoughts.
He was resting his weight on his
arms and hands, which were planted on either side of the sink, fighting
vertigo. The ground felt as though it was going to give way to an
echoing abyss.
He raised his head and the strip
of morning hadn't grown appreciably wider.
After Mass, after the ashes,
Dooher thought he would let Christina come to him, rather than approach
her. Waiting on the steps outside, he watched the rain come down.
'Mr Dooher?'
He turned with a practiced look
of surprise mingled with curiosity, then took an extra moment to place
who she was, exactly. He knew her, but...
'Christina,' she said, reminding
him.
'Oh, of course, Christina. Sorry,
I'm not quite awake.'
'I know. Getting up this morning
was a little...'
'Hey, we're here. That's what
counts in the eyes of God.'
'The eyes of God,' she repeated.
'Penance,' he said. 'Lent. Some
people need Thanksgiving or Christmas. I need the reminder about dust
to dust, ashes to ashes.' He shrugged. 'One of the occupational hazards
of lawyers is that we tend to think that what we do on a daily basis is
important.'
'It is important,
wouldn't you say? I mean, people's lives, solving their problems.'
He tapped the dot of ash on his
forehead. 'Eventually, it all turns to this.' An apologetic smile,
self-deprecating. 'This happy thought brought to you by Mark Dooher.
Sorry.'
She kept looking at him. 'You're
an interesting man.'
Glitsky had ten pieces of bread
spread out on the counter. Five sandwiches. Two each for the older
boys, Isaac and Jacob, one for the baby - no, he reminded himself, not
the baby anymore, the ten-year-old - O.J.
'What are you looking at?' His
youngest son didn't sleep much either - night terrors. Everybody in the
duplex handled it differently. O.J. was wearing a Spiderman suit he'd
slept in, standing in the doorway to the kitchen. Glitsky had no idea
how long he'd been there.
'I'm making lunches.'
'Again?'
'Again.'
'But you made lunch yesterday.'
'I know. It's going to happen a
lot. I make lunch, okay. And let's talk quiet. Nobody's up. What do you
want?'
'Nothing. I don't eat lunch.'
'O.J., you eat lunch every day.
What do you want?'
'Nothing.'
Outside the window, the trees of
the Presidio behind their duplex had come into relief. Morning breaking
slowly.
He wasn't going to fight his
child over lunch. He would just make something and put it in the box,
and either O.J. would eat it or he wouldn't. Glitsky was in his
mid-forties. He wore green string-pull pajama bottoms and no shirt.
Crossing the kitchen, he went down on one knee, pulled his boy onto the
other one.
'How'd you sleep?'
'Good.' O.J. had to be coaxed to
give anything up.
'No bad dreams?'
'Nope.'
'Good. That's good.'
But the boy's arms came up around
his father's neck, the small body contouring to Glitsky's chest. A
moment holding him there - not really an embrace. An embrace might
drive him off. 'I know you don't want anything for lunch, but if you did want
something, what
would it be?'
Eye contact. A shrug. 'Peebeejay,
I guess.'
It took a minute to process.
'Okay, you get dressed. I'll make it.'
O.J. wasn't ready to do that yet.
He stayed on the knee. 'But the way Mom does, okay?'
Glitsky took in a breath. 'Okay.
How is that?'
'You don't have to yell at me.
It's not that hard.'
'I'm not yelling. I'm whispering,
in fact. And I didn't say it was hard. I'm sure it's not hard. I just
want to know how you like it so I can make it that way, all right?'
'I said I didn't want one
anyway.' The eyes were clouding up, threatening to spill over. 'Just
forget it.'
Glitsky didn't let him pull away.
'I don't want to forget it, O.J. I want to get it right.' He had to
keep from slipping into his cop voice. This was his son. He loved him.
'Tell me how Mom makes it,' he asked gently. 'Would you please do that
for me, buddy?'
'It's easy.'
'I'm sure it is. Just tell me,
okay.'
A pause, considering. O.J. stood,
off the knee, and Glitsky straightened up. 'Bread, then butter - you
never put butter, but Mom always does. You got to put butter first -
then peanut butter, over the butter. Then, on the other bread, the
jelly.'
'Butter, then peanut butter, then
jelly. I got it.'
'On the other piece of
bread.'
'I got it. But don't you close
the sandwich when you're done, so that the peanut butter and the jelly
are stuck together anyway?'
'But that's not how you make it.
I could tell yesterday.'
'But yesterday I didn't put on
the butter first.'
'Nope.'
'Nope what?'
'Also you put the jelly straight
on the peanut butter.'
'I probably did, you're right.'
Glitsky couldn't believe he
was having this conversation. His world was coming apart, as was his
son's, and here they were discussing a completely undetectable
difference in the placement of jelly on a sandwich.
But he had no strength to tell
O.J. this was stupid. Maybe it wasn't stupid. Certainly it wasn't
anymore stupid than all this talking about it. Perhaps it was O.J.'s
cry for order as his universe devolved into chaos - jelly on the bread,
not on the peanut butter.
One thing he could control.
He motioned his son closer and
brought a hand down around his shoulders, then gave him a pat, sending
him back to his room to get dressed. 'On the bread first, I got it.'
But he knew he didn't get it. The
peebeejay was one thing, random and irrational, the first word in a
whole new language that he had no ear for.
The other eight pieces of bread lay spread out on the counter. He couldn't think what he was supposed to do with them.
The rain continued steady as a
metronome. The wind had let up and the drops were falling straight down
out of black clouds. Miz Carter's Mudhouse had been serving high-octane
Java on California Street for forty years and Dooher and Christina were
in a booth by one of the windows. Miz Carter served her coffee in
oversized, mostly cracked mugs, the product of some warehouse clearance
sale of twenty years before.
'I really did try to become an
ex-Catholic for a lot of years,' Dooher was saying. 'Stopped going to
church entirely, even though I was starting to get some work for the
Archdiocese. Hell, back then, a lot of the priests I was
working with had stopped going to church. But it just wasn't me. I
guess I need the ritual.'
'I don't think that's it,' she
said. 'You don't have to explain it to me. I think you just believed.'
'That's the problem. I do.'
'That's not a problem.'
'Well...' He sipped at his
coffee, moved food around on his plate.
'Why is that a problem?' she
persisted.
Deciding to answer her, he let
out a small sigh. 'Well, as you know, we lawyers get used to defending
our positions. It's a bit awkward taking a position that doesn't really
have a logical framework. I mean, it's faith. It's there or it's not.
But there's really not any reason to have it.'
'Or not have it.'
'But you can't prove a negative.'
'But,' she pointed a finger at
him, 'there's no reason to prove it. It's personal.'
'Well, of course, I know. But...
it sets me apart, a bit, from my peers. It's old fashioned, fuddy-duddy
'Come on. It is not. Not on you.'
He pointed back at her. 'Says
you.'
'Yes,' she said, 'says me.'
'Okay, I guess that settles it.
So what about you?'
'What about me and what?'
'Faith. Belief. Why you've got
ashes on your forehead here at. . .' he checked his watch '. . . seven
o'clock of a rather inclement Wednesday morning?'
She glanced down at her food, cut
into her waffle, wiped it in syrup. She did not bring the fork to her
mouth.
'Evasive action,' Dooher said.
Still looking down, she nodded.
'A little, I suppose.'
'I'm sorry. I don't mean to push
you.'
She took in a breath, raised her
head. Her eyes had a shine in them. 'Penance, too, mostly. Figuring
things out.'
Dooher waited. 'This isn't
turning into the most modern of conversations, is it? Faith and
penance. Sounds like the Middle Ages, or me and Wes on one of our
retreats.'
She seemed grateful for the
reprieve. 'Wes?'
'Wes Farrell, my best friend.'
'Best friends, another
not-so-modern concept.'
Dooher studied her face -
something was troubling her, hurting her. He kept up the patter to give
her a chance to let the moment pass if that's what she wanted. 'Well,
that's me and Wes, a couple of throwbacks. We go on retreats, we call
'em, replenish the soul, talk about the big picture, get reconnected.'
'You're lucky, a friend like
that.' A pause, adding, 'Still believing in connecting.'
He took a beat, making sure. She
didn't want to avoid it after all, didn't want to be protected,
insulated from whatever it was. Not today, not now. She had decided to
get it out, and this was an invitation to him, to ask.
'It's really so trite.'
She liked the way the corners of
his mouth lifted slightly. 'Trite happens,' he said.
She leaned forward over the
table. 'You know last night when I let you believe I'd been in the
workplace after college for a couple of years? That wasn't the truth.'
She watched him for a sign, she
wasn't sure of what - displeasure, boredom? Ready to retreat at any
provocation. He only nodded, patient and tolerant. Taking a breath, she
went on: 'He was a professor at Santa Clara, my adviser. Married, a
great guy. You probably know everything I'm going to say, don't you?'
'Do you ever talk about this?'
'No. It's too ...' She shook her
head.
'I'm here,' he said. 'I'm
interested and it won't go any further. If it would help...'
Through the expanse of window, a
volley of rain raked the parking area, beat briefly against their
portion of the glass, passed over. 'He was going to leave his wife,'
she began. 'I guess that's what I had the most trouble with when it was
first starting to happen, that I was going to wreck his happy home.
Except that he told me that Margie and he didn't love each other
anymore, that he was leaving her anyway, it had nothing to do with me
... and I guess I wanted to believe that.'
'You're not the first person
that's happened to.'
She had turned in her seat, one
leg extended on the bench, her elbow on the table, leaning over toward
him. The waitress came to clear and they both sat silently, watching
her remove dishes, wipe the table down.
'More coffee here?'
After it had been poured, Dooher
prompted her. 'It must have been painful. And not so trite after all.'
She was biting her lip again.
'You've only heard the short version - girl falls in love with college
professor, who's going to leave his wife for her after she graduates . '
'Christina . . .'
She held up a hand. 'Listen. It
gets worse. Girl has best friend from childhood, let's call her Ginny,
who's kind of the liaison between the two of them, covers for them with
the wife, all that. Girl gets pregnant - professor had been childless
with his wife, told girl he was sterile, low sperm count. Now accuses
girl of sleeping with someone else - couldn't have been him. Dumps her
just as she graduates.'
Christina reached for her cup,
took a quick sip, swallowed. She looked over at Dooher, met his eye.
'Girl has abortion,' she said. 'End of story. See? Trite. And PS,
professor dumps wife and marries friend Ginny, just to tie it all up.'
Dooher picked up his mug, holding
it with both hands. He blew on it, glanced at the rain outside. That's
what the penance is for?'
She nodded. 'I still don't know
what to do with it. It's been almost five years...' Sighing. 'It's so
funny because I know better. I mean, I'm educated, reasonably smart.
But, I don't know, it changed me, not just Brian's...' She looked
embarrassed at the slip of the name, continued: 'Brian's betrayal, and
Ginny's. Mostly the abortion, I guess.'
Silence.
'So what did you do for the two
years before law school?'
'I went home - down to Ojai. I
moped around, let my mom and dad take care of me. And then one day my
dad and I had a talk about how giving in to grief, too much, is really
wrong. Well, that struck a chord, and I decided I had to do something,
start living again. So I applied to law school, as if that's living.'
She gave him a weak smile. 'Anyway,' she touched her forehead, 'that
explains the ashes, the penance.'
'The engagement to Joe Avery?'
That got a rise out of her. 'I
didn't say that. Why do you say that?'
Dooher shrugged. 'I don't know.
The connection just jumped into my head.'
'Well, that doesn't make any
sense ... I like Joe very much. Love him, I mean. Don't look at me like
that!'
Dooher's voice remained measured.
'I'm not looking at you any way. I just made an observation, that's
all. I like Joe, too. Hell, I hired him. I shouldn't have spoken so
frankly. I thought we were baring our souls here. I didn't mean to
offend you. I'm sorry.'
She softened. 'I'm sorry, too. I
didn't mean ...'
'No, it's all right.' He looked at his watch. 'And it's time for me to
go to work. Can I drop you back at school?'
Christina sat straight-backed, pressed against her bench. 'Now you're mad at me.'
Dooher leaned across the table. 'Not at all. You're still applying
to the firm? Today, tomorrow, the next day?'
'I said I would.'
'But will you? Now?' He broke a smile. 'After our first fight?'
Gradually, the face softened again. She nodded. 'Yes.'
'Then I'm not mad at you.'
Glitsky closed the door, having just gotten the three boys off to
school.
He stood a minute in the tiny
foyer, closing his eyes briefly against the constant sting of fatigue.
He could hear the voices of his sons.
But he didn't stand still for
long. He had about a week's worth of work to do today, which was how
he'd arranged it. He would just keep doing things - that was the trick.
Today, Flo was alive, and his
boys were healthy and doing fine in school. That's what he would
concentrate on. He had five homicides he was investigating, and he was
also studying for the Lieutenant's Exam, which he hadn't even decided
to take. But it was more busy work.
He looked at his watch. He had to
go now into the kitchen, pour himself some tea, get his day moving.
'Abe?' Flo, suddenly awake,
called from the bedroom.
'Yo.' Hearty as he could manage.
He was already across the living room, stopping in the bedroom's
doorway. His wife had propped herself up and she was smiling at him.
'Get 'em off?' She meant the kids.
Glitsky saluted. 'Out of here, on
time and looking good.'
She patted the bed and moved over
so he could sit. 'What time did you get up?'
'Actually, I had a pretty good
night. Got up before the alarm, but not much -I think about six-thirty.'
She searched his face, ran a
light finger across the top of his cheek. 'Your eyes have bags.'
'That's just the way they look,
Flo. I'm working on them as an investigative tool. Keep me from looking
too friendly.'
'Oh yes,' she said, 'that's been
a real problem.'
'You'd be surprised,' he said,
'witnesses thinking I'm all warm and fuzzy. I decided I ought to look a
little tougher.'
'Good idea. You wouldn't want
your sweet nature to show through.'
'People just take advantage. You
wouldn't believe.'
Glitsky's mother Emma had been
black. His father Nat was Jewish. So Glitsky had a dark-skinned face
with a hawk-like nose. In spite of that, people tended to see first the
uneven white scar that ran between his upper and lower lips. Even when
his eyes didn't have the valises under them as they did now, his smile
was a terrifying thing to behold.
He laid a hand on his wife's
thigh. 'So how's by you? You want some food? Coffee? Tantric sex?'
She nodded. 'All of the above.
I'll get up.'
'You sure?'
'Unless you want the
tantric sex first, but I'm better after coffee.'
'Okay, I'll wait.'
'You put on the pot,' she said.
'I'll freshen up.'
He went into the kitchen. There,
on the table, were the remains of the boys' breakfasts - empty bowls,
cereal boxes, milk, sugar all over the table.
And his police reports - the five
dead people and as much of their recent lives as Glitsky had been able
to assemble. The latest, a young woman named Tania Willows who had been
raped and murdered and whose body had been discovered just yesterday.
The cereal in the cupboard. Sugar
on the counter. Milk in the fridge. Got to clean out the fridge - if
there's that much mold on the cheese, who knows what the meat drawer is
going to look like?
Sponge that sugar off the table.
The smell of the sponge. The thing had to be three months old. He
should toss it but they didn't have another one. Where did sponges come
from anyway? He couldn't remember ever having bought a sponge in his
entire life.
And then, oh yeah, the coffee,
the water boiling now, and he still hadn't ground up the beans. He
really should grind up a bunch all at once so he wouldn't have to do it
every morning, but Flo liked the fresh-ground, and he wanted her to
have . ..
At least he and Flo, this
morning, that was a good wake-up. He'd just keep cheerful another few
minutes, maybe a half hour, and so would she, and then that would be
another morning, and if they just kept that up ...
Christina's seven-year-old Toyota
hadn't started and when it finally did, the windshield wipers refused
to function. So she walked down the hill from USF, past St Mary's
Hospital. She was planning to cut through the panhandle of Golden Gate
Park on this rainy Ash Wednesday; the short-cut would get her to work
on time.
But she didn't count on San
Francisco's seemingly endless capacity to provide local color. This
morning's entry was a substantial coven of half-clad Druids conducting
some sort of tree-worshiping ceremony, chanting and clapping and
having themselves a hell of a good time.
Christina broke right trying to
skirt them, but a tiny, thick woman of uncertain though recent vintage
latched on to her. A shawl covered the woman's shoulders, she'd woven
flowers into her hair, and she wore a long leather skirt, but her
breasts were completely exposed. When it became clear that Christina
wasn't about to join them, was in fact going to work, she
segued smoothly from missionary high priestess to spare-change artist.
In any event, by the time
Christina got to Haight Street, where the Rape Crisis Counseling Center
maintained its office, she was soaking wet and twenty minutes late for
her appointment.
Her boss was a single,
attractive, thirty-five-year-old smart-mouthed pistol named Samantha
Duncan whose industrial-strength convictions on the ongoing battle of
the sexes served her well in her role here - counseling women who had
been raped.
Her genuine compassion for these
victims was unfortunately matched by her impatience with the healing
process for the women, the legal process in identifying and punishing
their attackers, and the administrative reality of having to depend on
part-time volunteers to keep the Center functioning.
When Christina had first
interviewed for the work, Sam had impressed her with her humor and
passion. Then she had laid out the ground rules in no uncertain terms.
'I know this job doesn't pay anything,' she'd said, 'but I need my
volunteers to believe and to act like it's a job. I need you here when you say
you're
going to be here. I'm not very good with excuses.'
Up until today, Christina had
been punctual and dependable. Sam had a fire, a presence, and
Christina admired the hell out of her and wanted to please her. She
also wanted to prove that she wasn't a dilettante - this was her own
very real commitment as well.
Many of the barriers had been
broken already; Sam and Christina had gone out for coffee together two or
three
times, outside of work, talking issues and politics. Christina thought
they were close to real friendship.
But Sam had a hair trigger
regarding her volunteers, always ready to see signs of their lack of
commitment in the work, and based on that, to bail out of personal
involvements with her staff.
And this morning, as Christina
shook the water off herself, it was clear that their tentative
relationship had suffered a major setback.
Sam didn't exactly greet
Christina with a smile. 'Oh, here she is now. Christina, this is
Sergeant Glitsky. He's with the police, investigating .. . well,' Sam
sighed, 'you know about that. I'll let him tell you. Sergeant, nice to
have met you.' Sam didn't favor Christina with so much as a glance
before she disappeared back into her office.
But she couldn't worry about Sam,
not now, and she turned her attention to the man in front of her.
This guy Glitsky was in some kind
of trouble, Christina thought. He appeared, even at a casual first
glance, to be under incredible pressure, in the grip of some strong
emotion he was struggling to keep under control. She noticed his
fingers clenching and unclenching before he reached out and shook her
hand. A surprise, it was a gentle handshake, his touch softer than she
would have imagined.
The half-smile he gave her didn't
soften his looks any, though. 'I'm investigating the murder of
Tania Willows, and Sam was telling me you had talked to her?'
Christina nodded.
Tentative, embarrassed and
unsure, Tania Willows had been their most recent tragedy. Nineteen
years old, just out to San Francisco from Fargo, North Dakota, she had
come to the Center three times. She was being raped, she thought. She
meant she thought it was technically rape. She didn't have a
relationship with the guy, who was older. She was confused because she
knew her assailant - he didn't jump out and attack her from behind some
bush. So she wasn't sure if it was really rape.
He'd started coming by her
apartment, gradually getting more aggressive, and then he'd force
himself on her - she was sure of that - but she also seemed almost
certain that it wasn't like he was going to hurt her or anything like
that.
He never even hit her, though
there was this sense of fear, that if she didn't . . . Maybe she had
somehow been at fault, leading him on - did Christina know what she
meant? How it could be? Sending the wrong signals.
But she definitely felt forced, was
forced - she had kept telling him no and he wouldn't stop - but
otherwise Tania didn't think the person was like a criminal or
anything, and really all she wanted was for him to leave her alone now.
She didn't want to get him in trouble, maybe she shouldn't even be here
. ..
And then four days ago, Tania's
murder had been all over the news. She'd been raped in her apartment,
tied and taped to her bed, gagged and strangled.
The Center had called the police
at that time.
Christina found she had to clear
her throat. Glitsky was asking her something, which she didn't catch.
'I'm sorry ...?'
He showed no sign that he was
bothered by having to repeat the question. 'I was just wondering how
much she might have told you about the man.'
Christina was sitting on the
front edge of the ragged couch, leaning forward, her elbows on her
knees, her hands folded in front of her. Her hair, still wet from the
rain, hung in front of her face. 'Almost nothing,' she said. 'She knew
him. He lived near her, maybe in her apartment building. She definitely
felt that if she moved she could get away from him, but she couldn't
afford to move.'
Glitsky nodded. 'And she didn't
want to press charges.'
'I'd hoped we were getting to
there, but no, not by - not in time.'
'And no names, not an initial, a
nickname ...?'
She shook her head. 'No, nothing,
I don't think. I wish ... I'm sorry.'
'Did you take any notes I might
look at? Maybe there was something.
'I know I took some. I'll go
check. It wouldn't have been much, but maybe . . .' The Sergeant's face
had clouded - he was staring blankly out through the fogged glass, out
into the desultory traffic on Haight. 'Can I get you anything?' she
asked. 'Cup of coffee or something?'
Glitsky didn't answer.
She touched his arm. 'Sergeant?'
Back with her. 'Sure. Sorry. Just
thinking.'
'Are you all right?'
Suddenly the face wasn't
terrifying at all. What she saw was sadness. Tm a little distracted,'
he said. 'My wife's sick.' Then: 'Some tea would be nice, thanks.'
It still wasn't noon.
Christina was just tired, she
told herself. After all, with the party, she'd been awake until nearly
two last night, then had her nightly argument with Joe. This morning,
then, her ashes and the long, strangely emotional breakfast with Mark
Dooher, her car not starting, the neo-hippie woman in the park, Sam's
disapproval.
Then Tania Willows and Abe
Glitsky with whatever his sorrow was - his sick wife.
Suddenly, the rain launching a
new attack behind her back against her grimy window, the lights off as
she sat alone in her tiny cubicle, something broke in her. She wiped
the back of her hand roughly against her eyes - as a child would -
trying to will away the tears, but they kept coming.
She was just tired.
This - the sudden collapse -
hadn't happened in almost two years. She wasn't going to let herself
think it was anything to do with the baby she'd lost, with her past.
Not that again. That was behind her and she wasn't going to let it get
to her anymore. It was the events of the morning, that was all.
She'd just toughen up. That was
it, that was what she'd do. Swiping again at her face, sniffling, she
got up from her desk, pulling her Gore-Tex up around her face. The rain
would hide the tears. No one would see.
His Excellency didn't have to
explain it all to Dooher, but if it made him feel better, Mark would
let him go on - he was the client, and every hour was $350. They were
sitting in the Archbishop's office, above the children's playground at
Mission Dolores. Their informal meetings always took place here, in the
serenity of the laughter of children that floated up into Flaherty's sanctum
sanctorum.
Although the Archdiocese employed
a full-time attorney of its own, its mandate was far too broad for one
man to do it all, and so a lot of the work needed to be farmed out to
private firms. And over the years, Dooher's firm had come to specialize
in the Church's secular affairs - dozens upon dozens of slip
and fall cases, liability, property management, personnel.
Dooher, personally, had gotten
close to Flaherty not only for his ability to handle the tougher cases
diplomatically and with dispatch, but because there was an unstated but
perfectly understood ruthlessness in each of the men.
Both got things done. Sometimes
what the Archbishop needed to accomplish was better handled outside of
his office. Dooher was unofficial but defacto consigliere.
Also like Dooher, Flaherty was an
athletic man who looked a decade younger than he was. Still, at
fifty-seven, he was running about fifty percent in his squash games
(non-billable) with Dooher. Here, in private, the Archbishop wore
tasseled black loafers, black slacks, a white dress shirt. Dooher,
deeply molded - nearly imbedded - into the red leather chair, had his
coat off, his tie loosened.
'I don't know why these things
always take me by surprise,' Flaherty was saying. 'I keep expecting
better of my fellow man, and they keep letting me down. You'd think I'd
learn.'
Dooher nodded. 'The alternative,
of course, is to expect nothing of your fellow man.'
'I can't live like that. I can't
help it. I believe that deep down, we're all made in the image of God,
so our nature can't be bad. Am I wrong, Mark? I can't be wrong.'
Dooher thought it best not to
remind His Excellency that he had predicted exactly what would happen
back in the early stages of the decision-making process over the
current lawsuit. But he'd been over-ridden.
'You're not all wrong, Jim.
You've got to take it case by case.'
Flaherty was standing by the open
window, looking down over the schoolyard. He turned to his
lawyer. 'As neat a turn away from philosophy and to the business at
hand as one would expect.' He pulled a chair up. 'Okay, where are we
today?'
Reaching down for his props,
though he didn't need them, Dooher pulled his briefcase from the floor,
opened it, and extracted a yellow manila folder labeled Felicia
Diep.
Mrs Diep had come to the United
States in 1976 from Saigon, a young single mother with a substantial
nest egg from her deceased husband in Vietnam. She'd settled in the
lower Mission District of San Francisco, where she became a regular
parishioner at St Michael's Parish and, not incidentally, a long-time
paramour of its pastor, Father Peter Slocum.
Over the course of the next
twenty years, Mrs Diep gave Father Slocum something in the order of
$50,000 for one thing and another, and all might have been well had not
the good priest decided to take his promotion to Monsignor and move
away from her, down the peninsula to Menlo Park.
He had abandoned her and she
wanted her money back, so she decided to go to a young lawyer in her
community named Victor Trang.
Trang wasn't in the medical
field, but if he was, he would have qualified as an 'ambulance chaser'.
Barely making a living in his first three years after graduating from
one of the night schools that taught law, he took the case, hoping for
no more than his fee of one third of the fifty grand Mrs Diep wanted.
He sued the Archdiocese for fraud
- Father Slocum wasn't celibate as promised, and he'd taken Mrs Diep's
money under false pretenses, promising her over the years that he would
eventually leave the priesthood and marry her.
This was where Dooher got
involved, and it hadn't been a big item on his plate. One of his
associates took care of the preliminary motions in response to the
lawsuit, then passed them up to him. He and Flaherty had determined
that they would offer ten grand as a settlement and if Mrs Diep didn't
accept it, they would go to court and take their chances.
So in the middle of the previous
week, Dooher had called Victor Trang, conveying the settlement offer.
It was then he discovered that things had changed, and he'd arranged
this meeting with Flaherty.
The Archbishop's face did not
exactly go pale, but he was rocked. He lifted his eyes from the folder.
'Three million dollars?'
The lawyer nodded. 'Trang's got
nothing else to do, Jim. The Church has deep pockets so he went
looking.'
Flaherty was trying to read and
listen at the same time. 'Not very far, it seems.'
'No.'
'Slocum was sleeping with the
daughter, too?'
'Veronica, now nineteen. That's
Trang's story. To say nothing of several other immigrants whose names
he didn't provide. He may be bluffing.'
Flaherty closed the folder
abruptly. 'I know Slocum. It's possible Trang's not bluffing. This is
nowhere near the first allegation.'
This was not welcome news. Dooher
leaned forward. 'If you knew some of this, why'd you make him a
Monsignor?'
A crooked smile. 'I didn't know
it. They were allegations we'd heard. We thought we'd remove him
from the temptation, put him where he didn't have the same freedom of
movement, give him more responsibility.'
A shake of the head. 'And thereby
change his nature?'
'I know, Mark, I know. My nature's
the problem. I believe people. I trust them.'
'Well,' Dooher slapped his palms
on his knees, 'that's why you've hired a top gun like myself. I trust
no one.' He pointed down at the folder, still on Flaherty's lap. 'You
get to the end of that?'
'No. I stopped at the three
million.'
Dooher took it. 'Okay, I can give
you the short version. It gets worse.' He went on to explain what Trang
had told him last week on the phone. The young upstart would be
initiating to conduct a series of investigations with other immigrants
in San Francisco to determine with what kind of frequency these
clerical abuses were occurring. He expected to discover that the
Archdiocese systematically condoned this kind of behavior from their
priests. 'He's calling it a policy of tolerance, Jim. He's going to
amend the complaint to name you personally.'
The Archbishop was back at his
window, looking down at the children. 'Can we have Slocum killed?'
Quickly, he turned, hand out. 'I'm joking, of course.'
'Of course.'
'But all kidding aside, Mark,
what are we going to do?'
Flaherty wasn't having his best
year.
Six months earlier, after an
extensive two-year study by the Archdiocesan Pastoral Planning
Commission had confirmed their predicted results - he'd finally bitten
the bullet and announced the closure of the ten least financially
viable parishes in the city. He knew that the Archdiocese would not
survive into the twenty-first century if it didn't take steps now. The
city had taken a hard line after the World Series earthquake and passed
an ordinance that assessed the Archdiocese $120 million for
retrofitting their unreinforced masonry churches. (Dooher had worked
his magic to lower the bill down to $70 million, but it might as well
have been $3 zillion for all the Church could afford to pay even that.)
The plain fact - and it broke
Flaherty's good heart - was that the Archdiocese couldn't afford to
keep the smaller parishes operating with attendance down at Masses
throughout the city - Holy Family Church out in North Beach, for
example, averaged only seventy-five people, total, for four Masses on
Sundays. And there were really no significant private donations to
offset the appallingly low Sunday offerings. But after the closures were
announced, a firestorm of protest had developed. Flaherty had even
heard from Rome.
The problem that Flaherty had not
foreseen (and Dooher had) was that perennial San Francisco two-headed
serpent, ethnicity and money. Most of the parishes that had been closed
were those in the poorest areas - Hunters Point, the lower Mission
District, the Western Addition, the outer Sunset, Balboa Park. So
Flaherty was widely vilified for abandoning the poor and what had been
a purely financial move had been totally misinterpreted.
Flaherty had also believed that
the Catholics in the closed parishes would simply move to other
buildings for their worship, and would be accepted in those new locales
by the other Catholics who already worshiped there.
'That is truly an ecumenical
theory, Jim, and in a perfect world, that would surely happen,' Dooher
had said. 'But my prediction is that my fellow parishioners' - St
Emydius, in St Francis Wood - 'are simply not going to offer the kiss
of peace to the Vietnamese community from St Michael's that's going to
descend upon them. It's not going to happen.'
Flaherty responded - as he always
did - that people were better than Dooher gave them credit for. The
Commission had made its recommendations - it had not been Flaherty's
decision alone. The people would get used to it; it could actually be a
force for growth, for advancement of the whole Catholic community.
'Well, yes, Jim, I guess you're
right. It could go that way,' Dooher had finally said, thinking, 'and
I'm the King of Ethiopia.'
And now Trang was threatening to
name Flaherty in a lawsuit contending that he tolerated fraud and
licentiousness among his priests. Before all of these problems had
begun, there was a rumor that Flaherty had been on the short list to be
named a Cardinal. He had confided to Dooher that he had dreams of being
the first American Pope. Now all of that, perhaps even his immediate
survival as Archbishop, was at stake.
He was at his desk now, moving
items randomly, nerves showing. 'But Trang hasn't yet amended the
complaint?'
Pacing, Dooher stopped. 'That's
why we're talking here, Jim. I need to head this off. The guy's
obviously looking for press, make his name in the community, bring in
some clients. I've got to talk sense to him.'
'What are you going to say?'
'I'll just tell him we'd be
grateful for his cooperation. He knows - you know there wasn't
any policy here. We've got to get him off this, Jim, or at the very
least you can forget about your red hat.'
Flaherty pulled himself up in his
chair. 'How grateful?'
Dooher clasped his hands in front
of him. 'Settle for six hundred thousand, if it goes that high.'
'Lord . . .'
'And a gag order. No press conferences. No "conscience of the community" nonsense. Trang pockets two hundred thousand dollars. Mrs Diep gets a nice return on her fifty grand and her broken heart. Everybody's happy.'
The Archbishop shook his
head. Tm not. We start at six hundred?' Dooher tried to keep his tone
light. 'Jim, this is Mark Dooher you're talking to. We start by
offering
to break Trang's legs. Hopefully we stop a long way before six.'
Flaherty nodded. 'A long way if
you can.'
Dooher bowed slightly from the
waist. 'I understand,' he said. 'I'll take care of it.'
'You're not actually seeing her.'
'Wes, I ran into her at church.
That's all.'
'At church. That's very good.'
Wes Farrell lowered his voice a notch. 'The night after your party,
which she happened to attend because her boyfriend got himself invited?
Markus, we're running into a critical coincidence factor here.'
Wes Farrell had his feet up on
the desk in his small office. Behind him, through wooden slats, rain
beat against the window. Dooher was continuing with the fairy-tale
version of his story about Christina, and Farrell finally stopped him.
'This is all good stuff, Mark. I
mean it. And because I am your longstanding friend, I believe every
word of it. However, I will offer one word of advice, lawyer to lawyer.'
'What?'
'Don't try it on anybody else. It
sounds suspiciously like a rationalizing crock, although I know in my
heart of hearts - because you would never lie to me - that it couldn't
possibly be. How did she look?'
Dooher crossed his hands behind
his head, considering. 'Who, in your opinion, is the all-around
best-looking woman in the world? Face, body ...' an expansive gesture
'... the whole schmeer. Everything.'
Farrell thought a moment. 'Demi
Moore.'
Dooher nodded. 'Well, Demi Moore
is a dog next to Christina Carrera. Even with wet hair and
ashes on her forehead.'
'I've never seen Demi like that,'
Farrell said. 'Usually, when we go out, after she ditches Bruce, she
dresses up, puts on some makeup, stuff like that. Come to think of it,
I wonder if she's why Lydia's divorcing me. If she found out about Demi
and me?'
'That could be it,' Dooher said.
'Those damn paparazzi.'
Dooher cracked a grin. 'Your
fantasy life is much too rich for you to be a good lawyer.'
Farrell pointed across the room.
'Says the man who meets his associate's fiancee at church. What do you
plan to do with her, if I might ask?'
A shrug, as though he'd never
considered the question. 'I don't know. I'm thinking of hiring her.' At
Farrell's expression, he added, 'Just as a clerk. She's law review.
Pretty sharp kid, actually.'
Farrell pointed again, 'I must
tell you, this is fire.'
'It's all innocent, Wes.
I swear. Nothing's
going on.'
'So do yourself a favor
and get another clerk.'
'We're going to have ten other
clerks. Christina's just going to be one of them.'
Farrell scratched his chin. 'Oh
boy,' he said. 'Oh boy, oh boy, oh boy.'
'I'm so worried about Mark. He's
just not been himself.'
Lydia Farrell - Wes's wife -
threw an 'Oh, please' expression at Sheila Dooher over the rim
of her china cup.
The two women were in the
glass-enclosed breakfast nook with the French countryside motif, above
which the driving rain of the earlier morning had turned to a romantic
Normandy drizzle. At the look, Sheila said, 'Come on, Lyd, they're not
all bad. Men, I mean.'
Lydia put her cup down. 'I didn't
say they were. You know I don't think Wes has anything bad going
against him. He's just got nothing going, period. Either direction.
Against, for, sideways. Mark, I don't know.'
'Mark's a good man, Lyd. That
counts.'
Once, in the very early days,
Mark had subtly but very definitely come on to Lydia, his best friend's
wife. When she'd called him on it, he'd backed off, saying in his
charming way that she must have misunderstood something, he was sorry.
But she knew she hadn't misunderstood a thing.
She'd never mentioned it to Wes
or to Sheila. On some level she was flattered, even amused by it - to
have something on the great Mark Dooher, who obviously thought she was
attractive enough to run that risk. Imagine!
But she had decided opinions
about his inherent goodness.
Still, Sheila was her friend.
They'd been through moves and children and schools and their husbands'
careers together, and she deserved a listen.
'I'm sorry. You're right. Good
counts. I'm just a little snippy today. I'm seeing Sarah' - her divorce
lawyer - 'tomorrow, and I want to be in shape. I'm always tempted to be
so nice, let Wes have something I've got a legal right to. So Sarah
told me, "Start thinking hate thoughts the day before. Think of all the
shitty things he's done, the times he hasn't shown up when he said he
would, the dinners that got cold, the shirts you've ironed, to say
nothing about. . . more personal things. You'll never regret it."
Sarah's a jewel.'
'I never want to go through that.'
'Well, I didn't either, dear, but
divorce is like war. If you're in one, you'd better win. Still, you and
Mark aren't going to get divorced.'
'No, I don't think that.'
'But?'
'I didn't say "but".'
Lydia smiled at her friend. 'Yes,
you did. So why?'
'Why what?'
'Why do you think your marriage
is suffering?'
Sheila put down her cup, picked
up the tiny spoon and stirred. After a long moment she answered,
'Because Mark is.'
'From what?'
Sheila took a moment phrasing it.
She wasn't sure herself. 'I think he's clinically depressed. With the
kids gone now and all. I think he's lost.' A pause. 'I'm worried he
might kill himself.'
'Has he said that?'
'No. You know Mark, but he's made
a few comments.'
Lydia picked up her cup, sipped
at it, eyes on Sheila. 'Why would he kill himself? He's got everything.'
'Maybe what he has doesn't mean
anything. Or enough.' Sheila's eyes were dry and she spoke calmly.
But Lydia had known her since
college, and had learned that just because Sheila wasn't given over to
histrionics didn't mean she didn't go deep. 'How's he acting?' she
asked.
'Silent. And he's not sleeping.
His doctor gave him some pills but he won't take them. He was up and
out by seven this morning when I got up, and we didn't get to bed until
very late. Two-ish.'
'Up and out?'
'Gone.'
'To work?'
'No. I called. He didn't get in
till after ten:'
'I don't want to say—'
Sheila held up her hand. 'No,
it's not an affair. He doesn't have time. You don't go meet your lover
at six in the morning someplace. Actually, he went to Church - Ash
Wednesday - for ashes. I asked and he told me.'
'The good Catholic. Still.'
'That's him. But the point is
he's
getting no sleep. This has been going on almost a year now. It's like
he's afraid he's going to miss something - some excitement, I don't
know. And then he's constantly disappointed when nothing happens.'
'Are you two doing okay? I mean,
personally?'
Sheila wore a rueful look. 'You
mean our sex-life, speaking of nothing happening ...' Then, as though
she'd said more than she intended, added, 'It's great when we get
around to it, which is about every four times the moon gets full, if
that.'
Lydia looked out at the drizzle,
at her manicured lawn. She sighed. 'That happened to Wes. The whole
thing you describe. I tried as long as I could, but I just couldn't
stand it. He wasn't depressed, I don't think. He'd just stopped loving
me. I don't mean that's you and Mark, but that was me and Wes.'
Sheila thought a moment. 'I just
don't believe that,' she said. 'I think it's deeper and if I could just
figure out what it was, everything would get better.'
Lydia took her hand over the
table, patted it. 'You know him better than me, Sheila. I'm sure you're
right. I hope so.'
Sheila really blamed herself.
That was her training as well as
her inclination. She always blamed herself, for everything that went
wrong - their kids, Mark's dissatisfaction. It had to be her.
She knew it couldn't be Mark, who
didn't make mistakes - not the way other people did. Factual errors,
even in casual conversation? Forget it. The man knew everything and
forgot nothing. Sheila made lists to remember all of the many jobs she
had to do every day or week. Mark just did them - all, and perfectly.
He never needed a reminder. He never lost his temper. (Well, once in a
very great while, and invariably when she had provoked him beyond the
limits of a saint.) Mark Dooher performed his duties flawlessly.
So if something was wrong, and
something was, it had to be Sheila's fault.
She thought it was probably the
double-whammy of the onset of menopause and Jason - their baby -
finally going off to school. Way off, to Boulder, where he could
snowboard all winter long. And Mark Jr working now on that rig in
Alaska, trying to make enough to pay the bills for a summer of his
sculpting since his father wouldn't help him if he was so set on doing
that kind of stupid art, and Susan in New York.
Well, at least Susan called every
week or so, tried to keep them up on her life, though Sheila and
especially Mark would never understand why she had no interest in men.
Sheila's hormones, too, had
caught up with her, swirled her into depression. She couldn't deny it
and she couldn't blame Mark. She'd become miserable to live with, a
hard truth to accept for Sheila Graham Dooher, who until she turned
forty-five was one of the city's legendary partyers.
But as the gloom had begun to
settle and she couldn't shake herself out of it, she felt less and less
motivated to try. For over a year, everything Mark did she'd pick pick
pick, losing her temper, poking viciously even at his perfection, his
charming smile, his trim body, his own patience with her. She couldn't
blame him for retreating into himself, his work, for not approaching
her on sex. Whenever he did, she turned him down.
Then came the end of their nights
out, or even the laugh-filled gourmet dinners at home with Wes and
Lydia. In their places thrummed the somber pervasiveness of the big,
empty house.
No wonder it had gotten to him,
finally worn him down.
Which is what had finally woken
her up. She hadn't intended to hurt Mark. She'd just been in her own
funk, thinking somehow it would end. It was her problem and - a good
Dooher all the way - she would suffer it in silence.
What she hadn't counted on was
the long-term effect that her depression had on Mark. He had withdrawn,
and she didn't know if she could get him back.
She'd decided she had to get over
it, had finally gone to her doctor, and he'd prescribed the
anti-depressant Nardil, and it had worked.
The only drawback was that she
couldn't drink while taking the drug, which meant no more cocktails
with Mark when he came home after a hard day, no more sharing his
passion - hers, too - for wine with dinner. No more getting a little
silly and loose and rubbing up against him.
She might have told him about the
prescription, but she was afraid of his reaction, that his opinion of
her would sink even lower. Doohers didn't need to take
anti-depressants, they willed their weaknesses away.
So she told him, instead, that
she'd reached the decision that her depression was a result of her
drinking too much and she was going to stop, cold turkey. That was
the kind of decision a Dooher would make - an act of will to better
yourself. Mark had to respect that, even if he didn't like it. It was
far better, she reasoned, to give up drinking and treat her husband
civilly than it was to have him consider her weak, 'hooked', perhaps
forever, on an anti-depressant.
But it wasn't working. Mark was
gone, and she wasn't sure he was going to come back. And it was all her
fault.
Joe Avery wasn't malicious or
abusive. Christina didn't want to be over-critical. He had a lot of
fine qualities.
But he was driving her nuts.
Joe would go into little routines
with mind-numbing regularity to illustrate how, in spite of being a
lawyer, he was actually a nice guy, not really a type-A kind of uptight
dweeb. Fly fishing, for example - how he was catch-and-release all the
way, used only barbless hooks - that way those little fishies didn't
feel a thing, probably enjoyed the exercise there on the end of his
two-pound test. Keep their HDLs up.
Or the volunteer work with the
Sierra Club. See? Even though he made money - and he wasn't ashamed of
that, nosiree - he was sensitive to the environment.
Christina did volunteer work
herself, so she could back him up here. It was important to have a
broad spectrum of interests and involvements. You didn't want to lose
sight of the big picture, which was a quality life.
Another of his big phrases -
quality life.
Also, he had the habit of saying,
'Look at the facts,' followed by, 'That's very interesting.' Both of
which set Christina's teeth on edge.
When she'd first started seeing
Joe, she'd been attracted by the sense of sweetness he projected. It
had been nearly three years since her professor. And Joe had just
happened.
He'd been the TA in her Contracts
course. After a few classes, some of the students started hanging
around together afterward, going out for pizza, talking the
ever-fascinating law talk. And then one night everyone else went home
early.
She and Joe had closed the place,
in the course of the night leaving Contracts behind them, discovering a
mutual interest in backpacking, skiing, the Great Outdoors. Christina
also liked Joe's looks, his full head of black hair over a chiseled
face. A cleft chin like her father's.
Joe and some friends were going
out in the Tahoe Wilderness for five days over Thanksgiving. Would
Christina like to come?
No push, no come on. She'd liked
that.
After a while, she came to
recognize that she liked his manner and his personality in a lukewarm
way that occasionally got up to a fair impersonation of heat. That was
all right. Maybe it would change - she would wait. She didn't trust too
much passion. She also desperately wanted to believe that the 'like' could over time
transmogrify into 'love.' It was why she had after all this time picked
a nice person, someone whose company was, if not thrilling, then
pleasant, livable with.
Joe was now at his desk at four
in the afternoon, twirling a pen between his fingers, glaring at
Christina, struggling to control his anger.
'I don't know why you're so mad,'
she was saying.
'I'm not mad. I just thought we'd
already talked about this. I mean, you didn't even mention it last
night, and now here you are, dressed to impress.'
She spread her hands in front of
her. 'Joe, this is a simple business suit.'
'Yes, but every other applicant
for summer clerk or anything else sends in a letter and a resume. Then
we review it and decide whether—'
'I know all that. Mark Dooher
asked me to come down, so I thought it would be appropriate to dress
nicely.'
'Which on you doesn't—' He
stopped himself, not wanting to say it, to admit that whether she liked
it or not, her beauty was an issue, over and over again. 'I'm ... maybe
I'm a little disappointed, is all.' The pencil snapped between his
hands, and he looked down at it in surprise.
'I don't know why you'd be
disappointed, I really don't. Mark said ...'
'Mark? You mean Mr Dooher?'
Her lips tightened in
frustration. 'He said to call him Mark. He's a nice guy, Joe.'
'He's a nice guy.' Avery reeled
himself in. 'I lied,' he said calmly. 'I am really mad.' He looked over
Christina's shoulder, making triple sure his door was closed all the
way. 'Mr Dooher is not a nice guy. Let's get that straight.
Look at the facts. He is a hatchet man. He cut both McCabe and Roth out
of here like so much driftwood after thirty years and—'
She was shaking her head. 'Okay.
He's tough in business. He's the boss, right? That comes with the
territory. But he asked me to come down. What was I supposed to do?'
'I asked you not to come
down. How about that? How about how comfortable I am with you going
around feeling out the job situation here behind my back?'
'I didn't do that.' The volume
went up. 'I told you, I ran into him at church. Jesus, give me a break,
Joe. Don't be so - so ...'
'So what?' Jumping on her,
notching it up.
'So goddamn controlling, is
what.'
Avery sat back, lowering his
voice almost to a whisper. Trn controlling? If I am, I'm not very good
at it, am I?'
'You shouldn't be. That's my
point. This is my life and my career and if the
managing partner invites me down for an interview, what do you expect
me to do? Say, "Oh, I'm sorry, I'm a modern woman and all, but my
boyfriend would be so upset."'
'I'm not upset.'
'And you're not mad either, I
suppose.' Though she knew he was furious. 'Damn it, Joe, you don't have
any right to be mad at me.' She grabbed up her briefcase.
'Where are you going?'
'I'm going to talk to Mr Dooher.'
She hesitated. 'To Mark.'
This got him up, hand
outstretched, nearly knocking his chair over behind him. 'Whoa, whoa,
wait a minute, Christina. Wait a minute!'
She paused, her hand on the
doorknob. 'All right, one minute. What for?'
He crossed around his desk,
stopping an arm's length from her. 'Look...' A long breath, getting his
own control back. 'Look, I'm sorry. Don't go to Mr Dooher, not like
this.'
'Like what? Like all mad at you?
Like I'll get you in trouble? I promise, I won't mention you at all.'
'Christina...'
'I don't understand why you don't
want me to work here, Joe. I thought you'd be happy. We could be
together, see each other during the day, go out to lunch ... I thought
it would be fun.'
He moved toward her, held her
arms gently. 'I know,' he said. 'I know. It would.'
'So what's the problem?'
'It just surprised me, that's
all. I thought we'd decided something else, and then just having this
sprung on me . ..'
'This wasn't sprung, Joe.
I didn't feel like I needed to ask your permission. I came down and
here I am now, telling you. I'm not hiding anything.'
'All right,' he said. 'All right,
I'm sorry. I don't want to fight about this.'
'I don't either.'
'Okay, then.' He stepped back.
'Did you bring your resume with you? A cover letter?'
She nodded, crossed to his desk,
put her briefcase on it and snapped it open. Handing him the envelope,
she asked him where it went now.
There was a look in his eyes that
she didn't like very much. Then a half-smile to back it up. He motioned
with his head - follow me. On the floor next to one of the bookcases
across the room was a cardboard box that had originally held a case of
wine.
As the associate in charge of the
summer clerk program, Avery received all the hopefuls' resumes, which a
four-person committee reviewed once every two weeks. In the meanwhile,
Avery 'filed' the resumes in the cardboard box, which currently was two
or three inches deep in them.
He dropped Christina's in on top.
'Okay,' he said, 'you're in the
hopper. Next it goes to the committee.' He reached out a hand and
touched her sleeve. 'After this it gets pretty objective, Chris. We'll
just have to see what happens.'
All that to drop her envelope in
a box! She had been finessed.
Christina was so angry that she
didn't even feel her reaction until she'd kissed Joe goodbye by the
elevator banks and ridden the twenty-one floors back down to the lobby
that opened on to Market Street. There, she stopped still, her heart
suddenly pounding.
Though it was short notice,
Victor Trang had been only too happy to come down for an afternoon
meeting with Mr Dooher, who was representing the Archdiocese.
As usual, Trang wasn't exactly
loaded down with litigation and he was heartened by the almost
immediate response represented by Dooher's call. Also, late in the day,
he welcomed the excuse to leave his one-room office in the darkened
back corner of a turn-of-the-century building near the Geneva Avenue
off-ramp of the Junipero Serra Freeway - as bleak a setting as San
Francisco offered.
As soon as possible, would he
like to come downtown to the no-doubt elegantly appointed twenty-first
floor of the One California Building and discuss this matter? Why, yes.
He allowed as to how he could find the time.
He'd only brought the matter up
with Dooher on the previous Thursday, and thought that this quick a
reply boded well for an equally quick settlement, which was why he was
in the game.
Mark Dooher wasn't drinking
anything, but his secretary came in and served excellent French roast
coffee in an almost-translucent white china cup with a thin band of
gold at the rim. Trang was sitting before a mahogany coffee table on an
Empire-style couch, looking across Dooher's spacious office and out
through the floor-to-ceiling windows.
The office, hanging here exposed
above the city, was intimidating. The message it conveyed was clear -
Dooher hadn't gotten here by losing very often. The weather had been
dismal all day, and now wisps of dark clouds blew by in the strong
wind, alternately obscuring then revealing the view - the Bay Bridge
and
Treasure Island, freighters and tugs on the water. The hills across the
Bay, in the distance, were hulking shapes of gunmetal gray.
Trang took a sip of his coffee,
nodded, and smiled at his host. He was thirty-three years old. He'd
been a U.S. citizen for fifteen years, and was used to Caucasian faces,
but this one was unreadable - open, honest, apparently friendly,
civilized and well groomed. It was the kind of face that scared him the
most, and the man who owned it sat kitty-corner to him, hands crossed,
elbows on his knees, leaning slightly forward, getting right to the
point.
'First, the Archbishop wanted me
to convey to you that there is no intentional policy of toleration
toward this kind of behavior in the Archdiocese. If Father Slocum had
this relationship with Mrs Diep...
'He did, and with her daughter,
too.'
'If, as I say, if this went on
with Father Slocum, it was wrong and we deplore his actions. But,'
Dooher continued, 'the larger issue - the whole question of officially
looking the other way - that's a very sensitive area.'
Trang nodded. 'That's true,' he
said, 'but it's equally true that many people have been substantially
damaged.'
Dooher winced at the legal
phrase. Without 'damages', there is no recovery. Trang was putting him
on notice that he was here to talk turkey. 'Some people may
have actually suffered damages, Mr Trang. For the moment, I
thought we might stick with Mrs Diep. She's your primary client, isn't
she?'
Trang put his coffee cup down and
smiled. For the first time, he had a sense that this was going to work.
And if it did, he would be on his way. 'Only until I file the amended
complaint.' Another smile. 'Which I believe you've seen.'
'Yes, of course. That's what I
wanted to see you about. Needless to say, we'd prefer you don't make
that filing.'
Trang barely concealed his
excitement. The Archdiocese was going to offer a settlement! He lifted
his shoulders an inch. 'Naturally, if we could reach some understanding
here...
Dooher smiled, nodded, and stood.
'Good,' he said, 'I think we can.' He walked over to his desk, where he
picked up a leather folder and opened it. 'I have here a check in the
amount of fifteen thousand dollars as a settlement for Mrs Diep's
claims.'
Trang's stomach went hollow. Ten
seconds before, he'd been thinking in the millions, and now ...
'Fifteen thousand?'
'It's a generous offer,
considering,' Dooher was saying. 'I know Mrs Diep feels that she's been
wronged, but let's not pretend that she wasn't a willing participant in
this whole unfortunate scenario. This is as far as we're going to go. I
know the Archbishop. If I were you, I'd take it. That's honest advice.'
Trang forced himself to remain
seated, to keep his voice calm. 'We were asking—'
'I know, I know, but look, Victor
- do you mind if I call you Victor? - let's not pussy-foot around. You
and I know what you've been doing. You've been out beating the bushes
trying to find witnesses or victims or whatever you want to call them,
to accuse priests of things that didn't happen, or are very difficult
to prove. It's going to get ugly and it's going to take forever and PS
you're going to lose. You're going to waste five years of your young
life.' Dooher was standing by the windows. 'Come here a minute. Come
here.'
Obediently, Trang rose and
crossed the room. The height was dizzying. The floor upon which they
stood seemed to end, unsupported, in space. Dooher stepped to the
window, his shoes nearly touching the glass. He motioned Trang up next
to him, stood too close to him, threateningly close.
Dooher picked up the thread of
the discussion. 'You know, not a day goes by that I don't stand here
looking down over the city reflecting on the frivolity of our fellow
men. All these buildings, all this scrambling activity ...' He leaned
right into the window.'... All that humanity down on the street, tiny
and busy as ants, doing so much that is frivolous. You know what I'm
saying?'
'You are warning me about the
dangers of bringing a frivolous lawsuit.'
A beam lit Dooher's face. 'That's
exactly right, Victor. That's what I'm doing. Because I must tell you -
this may be old news to you - that the courts are overworked as it is
and extremely sensitive to frivolous lawsuits. Extremely sensitive.
They smell frivolous and you got fines and even suspensions like you
wouldn't believe. Bad stuff, very bad. Especially for sole
practitioners such as yourself. Courts have been known to put 'em right
out of business.'
Trang straightened himself, moved
away from the windows. 'This lawsuit isn't frivolous.'
'Mrs Diep's may have some merit.
We agree. Hence the fifteen thousand. Look.' Dooher laid a hand on his
shoulder, seeming to push him out over the city. 'I was going to play
hardball with you, Victor, and not make any offer. But when I told Jim
Flaherty - the Archbishop - that you would be fined and have to pay our
fees, and possibly be suspended from the Bar and so on ... well, he
insisted I convey to you this warning and offer the really generous
settlement. Myself, I hate to give away strategy, but His Excellency
doesn't want you to suffer, and if you go ahead with this lawsuit,
you're going to.'
'That's a bald enough threat, Mr
Dooher.'
'Not at all. It's friendly
advice. Here, let's sit back down.' Dooher was shepherding him back
toward the couch. 'Over the years we've had hundreds of cases with
litigants who viewed the Church as deep pockets. Some kid's
skateboarding on the steps of one of our buildings and breaks his leg.
Dad hits us for liability - okay, we settle, sometimes. But some greedy
people have attorneys who don't stop there - they want negligence due
to faulty maintenance, punitive damages, that kind of thing. These
cases always lose.'
Dooher picked up the check from
the coffee table and dropped it in Trang's lap. 'You know why they
lose, and you know why your amended complaint will lose? Because if you
ask for three million dollars, you enter the realm of bullshit, and
bullshit walks in this town, Victor. I've seen it happen a hundred
times. Whereas there, on your lap, is fifteen thousand real dollars -
you take a third, right? - five grand for your trouble, ten for Mrs
Diep, and you get to spend your next five years a lot more profitably.'
Trang felt as though he would be
sick. What Dooher was saying just couldn 't be true,, this
case had to be a winner. It was the best idea Trang had ever
had. If this one couldn't make him some money, he wasn't going to
survive in the law. His mouth was sandpaper. Looking down, he saw his
coffee cup and grabbed for it. Cold. He swallowed, nearly gagging,
trying to think of some response. 'I can't take the check without
consulting with my client.'
The buzz at the telephone gave
him a moment's reprieve.
Dooher picked it up, nodded,
said, 'Okay, let her come on in.' He shrugged an apology to Trang as
the door opened and one of those impossible women appeared in the
doorway - at least Trang's height, her skin flawless, her teeth even.
One step in, she stopped. 'Oh,
I'm sorry. Janey said—. I didn't mean to interrupt.'
Dooher was coming forward. 'It's
all right, Christina. Mr Trang and I were just about finished.'
He introduced them. Trang shook
her cool and firm hand with his own hot and damp one.
There was, from Trang's
perspective, a long and awkward moment, eye contact between the woman
and Dooher. She seemed overly self-conscious that she was interrupting,
that there was another person in the room. It was clear she had
expected a personal moment, and was somehow disappointed.
At the same time, Dooher's
bravado faltered. She was obviously one of his young associates, and
yet it was clear that he was tongue-tied with her.
No, Trang thought, it was mutual,
both of them somehow at risk. 'I could step outside,' he said.
Christina recovered. 'No, really.
It's just a short message.' She was back at Dooher. 'I just wanted to
tell you that I left my resume with Joe, as promised.'
'Good.'
She shrugged. 'Joe says from here
on it's out of his hands.' She deepened the pitch of her voice, put on
a stern face. 'After this, Christina, it all gets pretty objective.' A
flash of that connection again between them.
'Objective works in your favor,
Christina. I'm glad you let me know. We'll talk later?'
Trang thought he caught a note of
panic in the question. It was nowhere near as casual as it sounded.
Dooher desperately wanted to see her again, needed to see her
again. He could put on any act he wanted in their negotiations, but
here in this moment Trang was certain he glimpsed an underlying
vulnerability.
But she kept it light, said sure,
and apologized to Trang again before turning and leaving them.
When she'd gone, Dooher was lost
another instant, staring after her. Then, as though surprised to find
Trang still with him, he put on his smile again. The animation. 'So, Mr
Trang - Victor - you want to use my phone, call Mrs Diep now? Feel
free.'
But the woman's entrance had
ruined Dooher's rhythm. He wasn't the same power broker he'd been.
Suddenly the pushing to settle right now seemed overdone. It
gave Trang some hope. Dooher wasn't as tough as the game he was
playing. He could be beaten, and certainly Trang would never know if he
didn't play it out at least a little further. 'I think Mrs Diep and I
should confer in person.'
Dooher shrugged. No show of
disappointment. He was back in his persona. 'Well, that's your
decision. The check will be here until noon tomorrow. After that, the
offer is rescinded. You understand that?'
Trang was standing. 'Yes, I do.
And thank you for the warning. I'll consider it very strongly.'
A dim shadow fell across Sergeant
Glitsky's desk and he lifted his eyes from the report he was pretending
to read. A woman stood, back-lit from the fluorescents overhead.
Wearily, he pushed his chair back, glanced up at the clock on the wall.
Five to five, and here's a random witness come to the Hall. His lucky
day. 'Help you?' he asked.
'I might have remembered
something.'
Glitsky had no idea who she was.
He stood up. 'I'm sorry, you are ...?'
She put her hand out. 'Christina
Cairera. Tania Willows? We met this morning at the Rape Crisis Center.'
Glitsky narrowed his eyes. It was
possible, he supposed. He really wasn't noticing women these days. The
woman this morning wore jeans and a wet jacket and had soaking hair
hanging down in front of her face. But he still didn't think he could
have picked this woman out of a line-up as the person he'd interviewed
in the morning.
He ran a hand across his
forehead, assayed a broken smile. 'Keen eye for detail. It's what makes
a good cop.' He sat back down, motioned she do the same, on the wooden
chair by his desk. 'So what did you remember?'
'I'm not sure it's anything. I
was downtown applying for a job. I thought it would be okay if I
stopped in without an appointment.'
'It's fine,' Glitsky said, then
repeated, 'what did you remember?'
'He has a tattoo.'
In the distant future, Glitsky
thought, these days would be remembered as the Age of Bodily
Mutilation. Everybody had a tattoo. Or a nipple ring, or at least
something metal pushed through some erectile tissue somewhere.
But unless Tania Willows's
rapist/killer had a tattoo of his full name with middle initial, it
probably wasn't going to be distinctive enough to help Glitsky identify
him. But the woman, Christina, was going on.
'I don't know why I didn't think
of it this morning, when we were talking.' She touched her head. 'It
just wasn't here. There were a lot of other things going on. And then I
was thinking about Tania, what had happened - waiting for the bus, and
I saw this guy in an ad with a tattoo . . .'
'Okay.'
She paused a minute, swallowed.
'It was on his penis.'
Glitsky pulled himself back up to
the desk, sat up straighten Okay, this might be something.
'On his penis?'
She nodded. 'He asked her if she
wanted to see his tattoo, and she said sure, thinking it was ... I
mean, you know. Not there. She never thought that.'
Glitsky broke a rare smile. 'The
old "come up and see my etchings" trick, updated for the romantic
nineties. Did Tania happen to notice what it said?'
Christina shook her head no. 'I'm
sure she didn't. She would have ...' She trailed off, but the pretty
head kept shaking, looking down - embarrassed, Glitsky surmised, by the
topic. Her eyes came up to his, and he saw that in fact she was trying to control
herself, her laughter.
He knew exactly what she was
thinking.
'Not Wendy then?'
'It's not funny,' she said. 'I
don't mean to laugh. No, it wasn't Wendy, I don't think.'
The Wendy joke: when the
man got an erection, the tattoo read: Welcome to Jamaica. Have a
nice day.
Suddenly, Glitsky, whose
professional life was a litany of violent deaths, who hadn't slept more
than four hours any night in the past month, who had little money,
three young children, and whose thirty-nine-year-old wife was dying of
cancer - suddenly something broke in him, as it had done in Christina
that morning, and he couldn't stop himself from laughing. Out loud.
The Chief of Homicide, Lieutenant
Frank Batiste, had come out of his cubicle to see if anything was
wrong. Glitsky hadn't laughed here in the Homicide Detail in his
memory. Maybe nowhere else either.
'You okay, Abe?'
Glitsky had it back under
control. He raised a hand to Batiste, looked over at Christina. 'That
never happens to me. I'm very sorry.' His eyes glistened with tears.
The fit had gone on for nearly half a minute.
'It's okay.' Christina had lost
it for a second or two herself. 'It's supposed to be good for you.'
Glitsky wiped his eyes, took in a
breath, sighed. 'Whew.' Batiste went back inside his office. 'Sorry
anyway,' he repeated. Then, unexpected: 'I don't know what I'm doing
here.'
'What do you mean?'
'I don't recognize you four hours
after our interview. I crack up over some rapist's tattoo. I ought to
take a leave, come back when I'm worth something.'
She didn't know how to respond to
such a personal exposure, but felt she should say something. 'You said
your wife was sick. Maybe your brain is concentrating on her?'
Truly sobered now, Glitsky
reached for the Willows file. 'That could be it,' he said.
'Maybe you should call her? See
if she's feeling better?'
He waited, deciding whether he
should say it. Denial didn't seem to help, so maybe admission once in a
while wouldn't hurt. 'She's not going to get better,' he said. 'She has
cancer.'
Christina sat back. 'Oh, I'm so
sorry.'
He waved it off, opened the file,
stared at it for a few seconds. 'Was there anything else you
remembered?'
Outside Dooher's windows, the
city lights glowed up through the clouds. He sat in his darkened
office, elbows on the arms of his chair, his fingers templed at his
lips. In the hallways, he could hear the occasional voice - all of the
associates at McCabe & Roth worked late.
Dooher ran a tight ship. His crew
- the young men and women who hoped, after seven years, to make partner
and thus in theory secure their financial future - were expected to
bill forty hours a week, fifty-two weeks a year. This left them no time
during the 'regular' 9-to-5 workday to do administrative work, answer
their mail, talk to husbands, wives, significant others, eat, take
breaks (or vacations, for that matter), go to the bathroom, small
details like that.
To bill eight hours, the
associates had to work at least ten, and more likely twelve hours every
day. If they wanted their two-week vacation on top of that, they could
count on working at least ten weekends a year. So at this time every
day, the firm hummed along. Mark Dooher, who had overseen the
downsizing and belt-tightening that had made the place profitable
again, felt a profound satisfaction in what he'd wrought. People
weren't necessarily happy, but they put out some serious work.
For which, he reminded himself,
they were handsomely rewarded. And nobody had ever said a law firm was
in business to make its members happy.
He rose and walked around his
desk, stopping at the edge of the windows again to look out. Now, with
the clouds, there was no view, merely a sensation of floating.
She'd left her resume!
Telling him it was his move.
Joe Avery was at his desk,
plugging away. Dooher knocked quietly at his office door and Avery
looked up in surprise. Two visits from the managing partner in two
weeks! Unheard of.
'Still at it?' Dooher asked. 'I
thought after last night you'd call it early.'
Avery struggled for the proper
tone. 'That was a good party, sir. I meant to come up and thank you
earlier, but this Baker matter...'
Dooher waved him down. Shut the
kid up. 'I'm sure it's in good hands, Joe. I came down to pick up the
summer apps file.'
A worried look crossed Avery's
face. 'It's not...? I mean, is there some problem?'
'Not at all, not at all.'
Stepping into the office, he closed the door behind him. 'We're handing
off your summer clerk duties to another associate, Joe. I think you're
going to find yourself with more meaningful work.'
'Sir?'
Dooher cut off the expected
barrage of questions, raising his hand again. 'I've said more than I
should, Joe. Maybe I shouldn't have mentioned anything, but you might
as well know. The summer clerks are going to have to get by without
your involvement. There are bigger items on your agenda, and more than that
I really can't say.'
In another minute, he had the
wine box full of resumes under his arm.
On his cellphone in the car,
driving home, he left a message. 'Christina. This is Mark Dooher. Just
wanted to thank you for keeping me in the loop on your application. I'm
proud of you. You made the right decision. If you need to talk to me,
anytime, the number here in my car is ...'
He left his home number as well.
Christina didn't hear Dooher's
message. She'd talked to her parents in Ojai when she'd finally gotten
home from her meeting with Glitsky, and then decided that her day -
which had begun with ashes at 6:30 - was over. She was plain done in.
If the phone rang at this time of
night, it would just be Joe anyway, and she really didn't feel
like talking to him. So, with the sound turned down on her machine, she
was snuggled under her comforter, in bed and beginning to doze.
The doorbell rang, and she heard
Joe's voice. 'Christina?' Then a soft knock. 'Christina, you there?'
She knew she could just lie there
and pretend she was asleep, but she wasn't able to do it. Exhausted and
angry, she grabbed her bathrobe, wrapping it around her. 'One second.'
Unhooking the chain, she opened
the door.
'You're in bed already?'
'No. Actually I'm standing here
in the doorway. You got a problem with that?'
'No. I just thought we might...
what's the matter?'
'Oh, nothing. Not a thing.' She
whirled around, crossed the front room, snapped on the floorlamp and
plopped herself down on the sofa. 'You coming in or not?'
He closed the door after him.
'Why are you so mad?'
She pulled her robe close around
her, glaring up at him. 'See if maybe you can guess?'
He spread his arms, all
innocence. 'Chris. We had a misunderstanding, that's all. Your resume's
on file now.'
'File . .. that's good. It really
is.'
'That's a fact. It's on Mark
Dooher's desk at this instant, as we speak, in fact.'
'In fact,' she repeated.
He went on, oblivious: 'He picked
them all up tonight. They're giving the summer hires to somebody else.'
'Why?'
'Because I'm moving up.' He
ventured a step closer. 'Come on, Chris, don't be mad at me, not
tonight. Tonight we should celebrate.'
'I don't want to celebrate. I
don't even know what we'd be celebrating. I don't even know if there
should be a "we" anymore, I really don't.'
'Chris . . .' He sat on the far
end of the couch.
'I mean it, Joe. Okay, you're
moving up, maybe, and I'm glad for you, but where are we going? Are we
getting engaged? Are we getting married? I mean, what is all this? I
don't get to apply to your firm because we might be an item
someday?'
'We are . . .'
'No, we're not.' She held out her
left hand. 'You see a ring there? I don't. We're still trying to
decide, Joe, aren't we? We're still looking at the facts.'
He went silent. 'How am I
supposed to respond to that, Chris? You know it's—'
'No! You're just getting to where
you think that after all the time you've put in on our relationship, it
would be nice if it worked out, after all.' She swiped at the angry
tears that had broken. 'But the truth is that you don't like how I act,
how I am. You certainly don't want me working around you, that's
obvious.'
'But I do!'
'Which is why you didn't want me
to apply?'
'That's not true. You know there's
a rule about—'
'Stop lying to me! That's not it
and you know it! We are, in fact, not actually engaged, you
realize that? So there's no reason—'
'But we were going to be!'
She laughed. 'Here's how that
happens, Joe. Listen up careful now. One person asks and the other
says, "Yes." Not too difficult. So how about it -do you want
to marry me?'
'Chris, you know—'
'Goddamn it, Joe! It's a yes or
no question.'
'But it isn't! You keep saying
you don't want kids, ever, and I don't think—'
Suddenly, she bolted upright on
the sofa, kicking out at him. 'Get out of here! I mean it, get the hell
out of here!'
The lifebuoy in Santa Barbara Bay
had a deep-toned bell and it didn't seem to be far off, although the
fog was so heavy she couldn't see it. She was trying to save her baby
from drowning. And she couldn't see it, either. Didn't even remember if
it was a boy or girl, though of course she knew. It just wasn't in her
consciousness at that exact moment.
The tolling of the lifebuoy
wouldn't stop, though. It was pulling her forward, toward it, through the
water, which seemed to be thickening as she moved.
There was the baby, so close,
just out of her reach, disappearing into the brine. 'Wait! Wait!
Don't...' Sitting up, now, in a sweat. Her eyes opened on the clock
next to her bed: 2:15.
The tolling continued - her
doorbell. She tossed off the covers and pulled her robe around herself
again.
'Who is it?'
'It's me, Joe.'
Still groggy, too tired for any
more anger, she sighed, flicked on the overhead, and opened the door,
leaving the chain in place. Hangdog, he stood there, his hair damp as
the coat of the suit he wore, hands at his sides. He'd been out walking
around for a while, perhaps since he'd left earlier. 'I'm a total
jerk,' he said.
'That's a good start.'
'I'm sorry.'
She stood looking at him through
the crack in the door. Finally, she closed it, undid the chain, and
pulled it open. He came forward into her, wet and smelling of wool. She
leaned into him, gradually bringing her arms up to encircle him. They
remained that way a long moment before Joe let go of her, backed up a
step, and theatrically went down on one knee.
'Joe . . .'
'No. This isn't a joke. I want to
know if you want to marry me.'
'Hypothetically, or what?' She
didn't mean it to come out so harshly, but this hadn't exactly been the
way she'd dreamed it (if in fact she ever had dreamed it about Joe
Avery).
He wasn't going to be
side-tracked by semantics. 'No, not hypothetically. If I asked it wrong
I'm sorry. I'm talking real life here. Will you marry me, Christina?'
His hand grasped at the fall of her robe as his desperate eyes came up
to her. 'Will you please say you'll marry me? I don't think I could
live without you.'
It surprised her that it was not
at all pathetic, as it might have been. He'd finally woken up,
realizing he was going to lose her. She saw it in his face. He thought,
at this moment, that he loved her. Maybe she could work on that, make
it last. It struck her that this was the best she was going to do, and
it wasn't that bad, not really.
At last, she nodded. 'Yes,' she
whispered. 'Okay.'
She reached down and pulled his
head close up against her. His arms came around her, clutched her to
him.
On the morning of St Patrick's
Day, Mark Dooher stood at the door to Wes's apartment and shook his
head in disbelief.
'How do you live like this?'
Farrell surveyed his living room,
which he persisted in calling his salon. It looked about how it always
had since he'd moved in half a year ago, with the books and old
newspapers piled on the floor, the television astride the folding
chair, the forlorn futon in its unfinished oak frame.
Well, all right, this morning
there were a few additions to which the fastidious - such as Dooher
here - might object. His boxer Bart had spent a few delirious moments
savoring the aromas of one of the used bath towels and had strewn its
remains across the rug. And last night, Wes had ordered Chinese food
and hadn't quite gotten around to putting away all the little cartons.
And, come to think of it, there was the pizza delivery container from
two - three? - nights ago on the brick and board bookcase. The paper
plate on which Wes had served himself the reheated spaghetti he'd had
for breakfast decorated the floor next to the futon, near his coffee
mug.
And, of course, there was Bart
himself- sixty-five pounds of salivating dog, lending a certain aroma
to the digs, sprawling over half of the futon, chewing a nylon bone.
'Hey, do I make fun of your house
when I come over?'
'I'm not making fun. I am truly
appalled.'
Farrell gave the place another
once-over. 'I think it's homey. It's got that lived-in feel. Realtors
actually pay people to fix their houses up like this...'
Dooher was crossing the darkened
yellow rug, negotiating some ambiguous stains. 'I'm getting some
coffee.'
'So, Mr Dooher, tell me again how
you found all this out about divorce, one of which you are not getting.'
They were in the kitchen,
drinking their coffee by the window that looked out over the
early-morning traffic on Junipero Serra Boulevard. The old metal-legged
table was pocked with cigarette burns at the edges of the Formica. Bart
had come in to join them, settled on the floor under Wes's feet.
'Gabe Stockman.'
'Who is?'
'Who is the official attorney for
the Archdiocese.'
'And this just came up in
conversation?'
'More or less. Actually, we were
on the golf course last week and he started talking about annulment. In
the Church.'
'Maybe I could get an annulment,'
Wes said. 'Is there alimony with annulment? But why do you care about
annulment? When last we spoke, you and Sheila were in a state of bliss.'
'We are.'
'That's not what Lydia says.'
Dooher had his mug nearly to his
mouth when his hand stopped with it, turning it around slowly. 'Lydia?'
'We still do speak, you know.
Mostly she's digging to find out the secret location where I've
squirreled away my last two coins so that she can take them to rub
together, but occasionally she does mention something human. And she
told me that Sheila thinks the two of you are in trouble, that you in
fact might be nearly suicidal which, if that were the case, would make
me sad.'
Farrell put aside the wise-guy
pose, rested his own mug on the table, his hands encircling it. This
was his best friend and Lydia's information had worried him. It was why
he'd asked Dooher over this morning to pick him up so they could drive
downtown together for a game of squash and get a chance to talk. He
wanted to find out if Lydia's information were true, and if so, if
there was anything he could do to help. 'Are you all right?'
'I can't say I'm in a state of
bliss, but I'm fine.'
'Which is why you're getting all
the facts on annulment?'
'I don't want an annulment. I
don't want a divorce. And I'm not suicidal.' He pointed a finger.
'Annulment came up and I thought since you and Lydia ... I thought
you'd be fascinated. I thought maybe it could help you somehow.'
'How?'
'Well, the short answer is it
can't.'
'Great. That is fascinating.'
Dooher was smiling.
'Nevertheless, I thought there might be something in it for you, so
since Stockman brought it up, I asked. But the bad news is that there's
no annulment without a civil divorce. Which of course puts you back
where you are.'
'That's okay. Bart and I are
happy
here, starving and all.' But Farrell the lawyer couldn't let it go,
even if it didn't affect him directly. 'I thought the only way you
could get an annulment was if you never consummated the marriage, and
somehow the existence of my children would cost me credibility there.'
'The other way to get an
annulment is if one of the spouses isn't psychologically capable of
making a real commitment.'
Farrell sat back in his chair,
his hands outstretched. 'Well, there you are! You have just described
my soon-to-be-ex-wife. Psychologically, possibly pathologically,
incapable of commitment, that's her all over.'
'Wes, you were married for
twenty-seven years.'
'Twenty-nine, actually, but—'
'However many, that's going to
count as a commitment.'
'A mere twenty-nine years?
Where I come from,
that's barely going steady. My parents were together fifty-six years.
Now that's a commitment.'
'It's beautiful,' Dooher said,
'but
twenty-nine years is going to count.'
'Damn.'
They had their three games of
squash. Dooher won two, letting Wes take the second, 11-9, before
creaming him 11-3 in the third. When they'd been younger, both had been
roughly equal as athletes; they had, in fact, remained a double-play
threat through high school. But in the past few years, and especially
in the six months since Farrell had been living alone, Wes had put on
about ten pounds and, no surprise, it slowed him down.
They walked together down to the
Hall of Justice, where Wes was having a meeting with Art Drysdale, the
Chief Assistant District Attorney, about a client of his, Levon Copes,
who'd been charged in a rape/murder.
Farrell had originally thought
the case had a chance to go to trial and, since the defendant was a
middle-aged white guy who owned an apartment building, he had money to
pay his lawyer. The initial retainer had been $45,000, the check had
cleared, and Wes had hoped, if he played it right, that the trial could
carry him financially for a couple of years, even with Lydia chipping
away at whatever she could.
Since his client's arrest,
though, he'd read the discovery - the prosecution's evidence - and
concluded that there must have been some mistake. There wasn't nearly
enough, in his opinion, to go to trial at all, much less get a
conviction. So Wes was going to try to talk Drysdale into dropping the
charges altogether. It would be extremely unusual in a case like this,
but, he thought, possible.
His success would be the best
possible news for his client, if not financially for Wes. But he had no
choice. He was a lawyer; if he could get his client off, he had to do
it.
Dooher had listened
sympathetically to all of this, then left Farrell at the Hall of
Justice.
Now he was walking alone uptown
the ten or so blocks to his office. The weather continued damnably
Irish. The banshee was howling off the Bay only a few blocks to the
east, the cloud cover occasionally dipped low enough to become fog, and
the soft drizzle ate into his bones.
Dooher was wearing a light
business suit and no overcoat, but he didn't feel the cold. For the
first time since she'd left her resume, he was seeing Christina again.
In fifteen minutes.
The engagement ring infuriated
him.
The fucking chintzy little
fifteen-hundred-dollar, quarter-carat trinket - he wanted to rip it off
her finger, stomp it under his foot, slap her silly for accepting the
stupid thing.
But he wasn't going to do that.
He was going to smile and say, 'It's really nice, Christina. I'm happy
for both of you. Congratulations.'
They were in a cafeteria down
Market Street from McCabe & Roth. She'd left a message asking to
meet him, and for her own reasons didn't want it to be in the office.
She thought it might be awkward. She seemed embarrassed at the
explanation, her head tilted to one side, not meeting his gaze. 'I just
thought that after our talk, after . . . everything you did for me . .
.'
'I didn't do anything.'
'Well, I certainly wouldn't have
applied without you, and now with me and Joe ...' She twisted at the
ring, gave Dooher a hopeful look. 'Anyway, now that we are engaged,
there wouldn't be much point in going on with the application process,
and I thought it would only be fair to come and tell you in person.'
Dooher fiddled with his own
coffee cup. 'You know, Christina, not to get too technical, but the
rule regarding personal relationships isn't exactly written in stone.
It's devised more to discourage the associates. We've had two or three
couples in the past.'
He'd fired them, but he left that
unsaid.
Forcing his easy smile, though
his stomach churned, he risked reaching over and touching her hand
lightly. 'But again, I'm giving away the house secrets.'
Her remarkable green eyes
sparkled briefly. 'They're safe with me. I'll take them to my grave.'
'It's the only reason I tell you.'
'And I appreciate it.'
Their eyes met and held for an
instant. Then Christina shrugged and the smile faded.
'The point is,' he persisted,
'that if it's not a problem for you and Joe personally, I don't think
it would stand in the way of you coming aboard, if that's still what
you'd like to do.' Not only didn't he think it, he was the managing
partner and it was a certainty. He'd see to it. But he was tiptoeing
here, afraid to push too hard and scare her away.
'I don't know,' she said.
'What don't you know?'
'Just . . .' Twisting the ring,
round and round. 'Just if I'd want to start with the rules being bent.
I'd want to be like everybody else.'
Dooher's chuckle was real.
'Believe me, once the work starts getting given out, you'll feel just
like one of the gang. Do you have any other offers yet?'
'No.'
'Well, I'm just saying I wouldn't
withdraw yet, on the theory that it's always a good idea to keep your
options open until they get closed for you.'
'I know that, in general, but . .
.' A silence, then her eyes lit again, a feeble flame. 'Damn you,
Mark.' The face lighting now. 'This was supposed to be easy.'
He sat back in his chair. 'I'm trying
to make it easy.'
Shaking her head. 'No, I mean
just letting this whole thing go, but then here you are, Mr Reasonable...'
'I'm not trying to stop you from
letting it go, if that's what you want. I just want you to be dealing
from the facts.'
She seemed to jump in her chair.
'Ahh! Don't say that word!'
'What word?'
'Facts. God, spare me from the
facts.'
A little came out about Joe, and
Dooher told her, lightly, she'd better get used to it if she was going
to marry him. 'When's the happy day, by the way?'
She shook her head, not exactly
the picture of hopeful expectation. 'It's not final yet. We thought we
ought to wait about a year.'
Dooher let out the breath he
realized he'd been suppressing since he'd first seen the ring. A year?
Plenty of time.
The world could change in a year.
On the third floor of the Hall of
Justice, a gray-blue block of concrete and glass at 7th and Bryant,
Chief Assistant District Attorney Art Drysdale was having a discussion
with an assistant district attorney named Amanda Jenkins and Sergeant
Abe Glitsky regarding a murder case: People v. Levon Copes.
Copes had a tattoo which did not,
as it turned out, read Wendy, but, more prosaically, Levon.
Unfortunately for the cause of
justice, Levon's arrest had come about after Glitsky had interviewed
several residents of the building he owned and lived in (and where
Tania Willows, his victim, had resided as well). He learned that
Levon's tattoo was no secret - Copes talked about it all the time.
So Glitsky had a pretty good idea
of the identity of Tania's killer from the beginning of his
investigation. Finding other damning evidence hadn't been too hard.
Fibers in Tania's bed that matched with clothes in Copes's closet; the
same type of rope that had strangled Tania was in the building's
basement, to which Copes had the only key; his hairs were in her bed.
So Glitsky had gone to the DA's
office with his evidence. Normally Art Drysdale would have reviewed
this and assigned a prosecutor. But Drysdale had been on vacation.
Which left Les McCann to handle
administrative matters. McCann, a retired-on-duty drunk with seniority,
had assigned the case to Amanda Jenkins, who was on record as saying
that sex criminals were worse than murderers. In the Hall, it
was common currency that she was perhaps not the soul of objectivity
when it came to analyzing evidence in cases like Copes.
She had reviewed the file. She'd
had a talk with Abe Glitsky. He told her about the tattoo, which had
clinched the fact of Copes's guilt for her. Armed with that knowledge,
she had gotten Les McCann's approval to go to the Grand Jury and seek
an indictment, and Copes had been arrested.
This morning, though, Art
Drysdale - home from vacation - got a call from Wes Farrell, who
inquired if Drysdale had taken vast quantities of mind-altering drugs
while he'd been away. Because based on the discovery Farrell had seen,
there wasn't enough in the way of evidence to support a murder charge
on Levon Copes.
What, Farrell wondered, was going
on?
This was the question Drysdale
now put to Jenkins. Her short dark-green skirt rode high over legs
that, while heavy, possessed some indefinable quality that tended to
stop male conversation when she sat and crossed them. They were
uncrossed now, her feet flat on the floor, hands clasped tightly on her
lap as she was explaining to her boss all about the tattoo and her
witnesses and so on.
'Okay, but so what?' Drysdale
asked. Feet up on his desk, effortlessly juggling three baseballs as he
often did, he appeared calm, though Glitsky knew him better and wasn't
fooled. 'I can't believe the Grand Jury indicted on this nonsense and
I'm doubly disappointed in you, Amanda' - he stopped juggling long
enough to point a finger - 'for getting conned into this.'
Glitsky, in a flight jacket and
dark blue pants, leaned forward in his chair. His eyes flicked to
Jenkins, came back to Drysdale. 'I didn't con anybody, sir.'
Drysdale palmed the balls in one
hand and leaned over his desk. He knew all about Glitsky's home
situation, was inclined to be sensitive on a personal level - but this
was business, and Glitsky was, usually, one of the cops that the DA's
office could count on. So he had a gentle tone. 'Figure of speech, Abe.'
'How 'bout this, Art? I didn't get
conned,
either.' Jenkins' demeanor was severe as a sandstorm. 'Abe didn't
get around to the duct tape.'
Silver duct tape had been used to
bind Tania Willows's hands to the bed's brass railings, and on the
inside, sticky part of one of the strips of tape, Glitsky had found a
fingerprint that belonged to Levon Copes.
Drysdale sat back. 'I know about
the duct tape, but again, so what?'
'So that proves Levon Copes did
it.'
'And how exactly does it do that?'
Jenkins held her lips in a tight
line. Furious at this inquisition, she held her voice in a monotone.
'Copes pulls the tape' - she was pantomiming his actions - 'and his
fingerprint stays on the inside. This means not only was he in the
woman's room, but he was in it when the tape got unwound, which was
when she was tied up.'
Drysdale nodded. 'I was afraid
that was the answer.'
Glitsky spoke again, again
wearily. 'It's a good answer, Art. In fact, it's the right answer.'
But Drysdale wasn't hearing it.
'No. Sorry, guys, but how about if our landlord Copes came in to fix
some pipes, started undoing this magical tape and left his fingerprint
on it. Then he simply forgot to take the tape with him when he left.
The next day, our perp comes in to do what he did, and there is the convenient tape. Why couldn't
it have happened that way?'
God, it got tiring, Glitsky was
thinking. There was always some other way it could have happened.
He knew Drysdale was playing the devil's advocate. None of them doubted
that Copes had left an incriminating fingerprint on the inside of the
duct tape, but - the point - that wasn't good enough. Drysdale sat
back, pondering his options. 'The tattoo is what screwed this all up.'
Glitsky, from a deep well: 'The
tattoo means he did it, too.'
'Which is where you guys went
wrong. You don't start out knowing that.' He held up a hand.
'Hey, I believe with all my heart that Levon Copes is our man.
I don't see how in the hell we're going to prove it, though.'
Suddenly, Glitsky let out a heavy
sigh and stood up. 'I thought the duct tape was pretty good. You titans
let me know how it all comes out. You need me at the trial, if it gets
to trial, I'm there.'
The door closed silently behind
him as he left the office. His co-workers sat, stunned, in the ensuing
vacuum. Finally, Drysdale blew a little gust of air through puffed
cheeks. 'Abe's having a hard time.'
'The duct tape is pretty
good, you know,' Jenkins responded.
Drysdale started juggling again.
'You're dreaming,' he said.
Glitsky had to get out of the
Hall, out on to the street. He checked in at Homicide - no messages -
then walked the wind-blown back stairway out to the city lot behind the
building. He always had half a dozen witnesses on other cases he could
interview. It was the constant in the job.
So he was driving west through
the fog, toward his home - vaguely - and the Bush Street projects where
...
He didn't know what bothered him
the most, that he'd almost lost his temper in the office, or that
Drysdale had been right. You really didn't want to start with a
certainty about who'd committed what crime. If you did, as Abe had done
in this case, there was a temptation to lose sight of the evidentiary
chain - that sense of link-by-link accretion which eventually became
the working blueprint that a prosecutor would use to build a case that
would convince a jury.
It was, by necessity, a slow and
tedious process, where you questioned yourself- your own motives, your
preconceptions, your work habits, every little thing you did - every
step of the way. And it was best if the things you discovered led
you to the only possible correct answer.
He slammed his hand, hard, against
the steering wheel.
Glitsky couldn't say exactly why
he stopped by the Rape Crisis Center.
There really was no official
reason. Maybe it was a human one - maybe he needed to talk to somebody.
He
told himself he was fostering good community
relations, something the men in
blue were always encouraged to pursue.
'Ms Carerra said she would like
to be kept up on the progress of things.'
'She's not here right now,' Sam
Duncan replied. 'But if it's not a secret, I wouldn't mind hearing about it.
The progress, I mean. Would you like to sit down?'
He took the folding chair in
front of her desk, turned it around, and straddled it backward. 'It
doesn't look very good.'
Sam's shoulders sagged an inch.
'Why doesn't this come as a shock? What's the problem this time?'
'You've been through this before?'
It was not quite a laugh. 'I've
been around rape and the law for about ten years. Does that answer your
question?' She sighed. 'So another creep's gonna walk?'
Glitsky temporized. 'Maybe not.
They might still go ahead. The prosecutor wants to put Mr Copes away,
the Grand Jury did indict. I'm going to keep looking.' He paused. 'I
think the problem was that I did my job backwards.'
She cocked an eye at him. 'That's
funny. I thought I just heard a cop admit he might have made a mistake.
What do you mean, you went backwards?'
He explained it all to her -
Christina and the tattoo, the evidence that really wasn't admissible.
Finally he wound down.
'So this Copes? There's no doubt
he did it?'
'Not to me, but that's never the
point, as you probably know. The tattoo can't be mentioned. It's
hearsay.'
'This sucks. And of course he's
got a million-dollar lawyer who's going to make a million more?'
'He's got Wes Farrell. He's good
enough, but—'
She interrupted him. 'I don't
understand these defense lawyers. I'm serious. I don't understand how
any human being can take a case like this. I mean, this man Farrell,
he's got to know his client did it, raped and killed this poor woman.
Doesn't he? He knows about the tattoo, all of that...'
'Sure.'
'And he still—'
'Best defense the law allows.
It's what makes our country great.' Glitsky shrugged. 'Maybe he needs
the money. Maybe it's just a job. Murder cases pay.'
'But if he knows ... I
mean, if you really, truly know for sure, how can you . . .?'
'It's amazing, isn't it?'
'It blows my mind, Sergeant, it
truly does.'
Whistling, Wes Farrell took off
his white shirt and tie in the cramped unisex bathroom down the hall
from his law office. Farrell often thought he was too easily amused by
stupid things, such as the T-shirt he had been wearing under his suit
all day - green with gold lettering that read: Take me drunk, I'm
home.
Okay. So he was getting divorced,
his kids didn't see him much, his career generally sucked, but his life
wasn't all bad. He had his health, and that was number one, right? Give or take a
few pounds, he still had his body. Lots of acquaintances. And at least
one true and great friend, Mark Dooher. How many people could say that
much?
Plus attitude. He had attitude in
spades, and that's what pulled him through in the here-and-now - that
positive attitude, the vision that day-to-day life itself was okay,
even fun.
And now, thank God, he had Levon
Copes. He loved Levon Copes. Levon was a lank-haired,
slack-jawed, sallow-fleshed, hollow-chested, low-life, weak-willed,
in-bred and brain-dead sociopath, for sure, but..
'All together now,' he said aloud
into the mirror. 'DOESN'T MEAN HE ISN'T A NICE PERSON!!'
Except that Levon really wasn't a
nice person.
But Wes Farrell was going to
forgive him for that. He wasn't going to forget about the heinous crime
he'd undoubtedly committed. But he had to admire one thing about Mr
Copes - the man had a serious bank account.
Art Drysdale had not given up on
the case, at least not yet. He'd told Farrell this morning that the
District Attorney's office was planning a vigorous prosecution, as it
did with all indictments, unless of course Farrell wanted to cop a plea.
No, Farrell had responded, he
would go to trial on this one, thanks. Because this one was a winner.
Farrell knew juries and he knew San Francisco, and you needed a lot
more than they had on Levon Copes to convict anybody of murder here.
So he might be going to trial, to
a trial that he could win, and a drawn-out murder trial meant that he
was going to wind up billing his client a minimum of $ 150,000 before
it was all over. And his client would pay it, gladly; it was the price
of freedom.
God, he loved Levon!
So now - tonight - Wes was going
to celebrate, maybe even get himself some horizontal female
companionship for the first time since his separation. There was no
denying it: he felt some spark tonight, some sense of life. He wasn't
sure where it had come from, but he wasn't going to jinx it by worrying
it to death. The ride's here, boys! Get on it or get out of the way!
He was going to start at
Ghirardelli Square, for the view, to remind himself of where he lived,
of why San Francisco was the greatest city in the Western World.
Heading downtown, he'd hit Lefty O'Doul's, put himself on the outside
of some corned beef. Then perhaps a stop by Lou the Greek's, the
eclectic subterranean bar/restaurant that served the Hall of Justice
community, the watering hole for the criminal legal community, of which
he was - thanks to Levon Copes - a member in good standing.
What a city on this night! The
possibilities were endless. Flush as he was - out of Levon's $45,000
retainer, he had kept $2,000 in cash out of his checking account,
before Lydia could even see it to grab - he was going to cab it
everywhere he went, bar-hopping - the Abbey Tavern, the little Shamrock
. . .
By 10:15, he'd had himself half a
yard of ale, some outstanding mega-cholesterol food, three extended
discussions with interesting people about subjects which had been
totally engrossing even if now somewhat vague in his memory. His
cabbie, Ahmal, was turning into his best friend - Ahmal had already
cleared $140. He had parked the cab just around the corner from the
Little Shamrock and would wait all night for Farrell's return.
Getting inside the door through
the crush of people was a bit of a trial, but Wes persevered. He knew
the place well. It was on his way home. Small, well kept, without
discernible ferns of any kind, it was the oldest bar in the city -
established in 1893! There was often a crowd up front or at the bar,
but he knew that in the back there was a mellower area, furnished with
rugs and couches and easy chairs - just like a living room, though not
just like/us living room.
So he moved steadily, in no
hurry, toward the back. They had waitresses working, which was unusual
on a weekday - normally you ordered at the bar - and he had a pint of
Bass in his hand before he'd gone twenty steps. The jukebox didn't
drown out the people here, and especially tonight it didn't. The place
was bedlam. Only now could he make out What A Fool Believes over
the crowd noise. He thought it was fitting.
And there she was.
Through the jockeying mass of
humanity, he saw her sitting on the arm of one of the couches, leaning
forward on her arms, sensual curves everywhere, and one leg curled
under her. She was a grown-up, which was about as close as he could
guess for her age - beyond that it didn't matter.
Something about her was knocking
him out.
He looked away, took another sip
of beer, checked for signs of how drunk he was and decided not very,
then looked back at her. Yep, she still looked good - medium-length
dark hair with red highlights, great skin. Her face was alive, that was
what it was. Her smile lit up all around her.
He got himself a little closer.
She was in conversation with a couple on the couch next to her, and
suddenly the woman who was half of the couple got up - it was magic -
and went into the adjacent bathroom. Wes moseyed on over.
She slid off the arm of the
couch, into the empty place next to the other half of the couple, a
good-looking man. Put an arm around him. Uh oh, maybe not... then she
looked right at Wes.
'I love your shirt,' she said.
Then, 'This is my oldest brother, Larry. He was fun when he was
younger.' She patted the arm of the couch and Wes moved up a step and
sat where she'd been. 'Wes,' he said, sticking out his hand, which she
took and shook. Over her head, he asked, 'How you doin', Larry?'
'Larry's loaded. Sally's taking
him home. Sally's his wife. She just went
to the bathroom. I'm Sam. I'm
staying.'
As it turned out, she didn't
stay
all that long. Sam had apparently been waiting at the Shamrock for
someone who looked just like Wes to walk through the door and save her
from a night of aimless drinking. So another beer later for each of
them, they were arm-in-arm outside, and there was Ahmal, parked on 9th
where Wes had left him. This made an impression on Sam.
He paid Ahmal fifty more at her
place, a downstairs flat on Upper Ashbury, and while Sam was getting
out, told his good buddy the cab driver to wait an hour more and if Wes
didn't come back out, he could take off, and thanks for the memories.
The door closed behind them on a
cosy space - a large open room with a low ceiling, old-fashioned brick
walls, built-in and seemingly organized bookshelves, a wood-burning
stove.
'You have a dog,' he said.
A cocker spaniel was waking up,
stretching in a padded basket next to the stove. 'You're not allergic
or anything, are you?'
'As a matter of fact, I myself
own a dog.'
'I knew there was something about
you ...'
'His name's Bart. He's a boxer.'
She leaned over to pet her little
darling. 'This is Quayle,' Sam said, 'with a "y", just like Dan. You
know, the brains of a cocker spaniel, so I thought, why not? Do you
want another drink?'
'Not really. Would you like to
come over here?' He held out his arms, and she gave Quayle one last
pet, hesitated a moment, smiled, then walked to him.
She came naked through the door
of the bedroom, a glass of Irish whiskey in each hand. The funny
thing,' she said, 'is I don't normally do this.'
There was a blue liquid lava lamp
from the 1960s or 1970s next to the bed. The windows were horizontal,
high in the brick wall, at ground-level outdoors.
Wes was under a thick down
comforter, hands behind his head. He reached out for one of the
glasses. 'I don't, either.'
She handed him his glass and sat
on his side of the bed. He thought she was as comfortable with her
nakedness as it was possible to be, and also thought that was as it
should be. Her body was toned and lush, nice breasts with tiny pink
nipples. He rested his hand on her thigh. 'You can tell me the truth,'
she said. 'It won't hurt my feelings. I can take it.'
'That is the truth. I was married
for almost thirty years. Now this.'
You mean, this is the first
time
since you were married?'
'That was it. Am I blowing my
cover here as man
of the world?'
'No, I'm just surprised.'
'Why? It seemed natural enough to me. Pretty great, actually.'
She gave him her smile
again.'That, too. Me, too, I mean. It's supposed to be such a hassle to
get it right, especially the first time.'
'Maybe not.'
She put her whiskey glass on the
side table and slid in next to him, snuggling into his chest. After a
minute, he could feel her begin to laugh.
'What's funny?'
'Well, the name thing . ..'
He thought a moment. 'Your name
isn't Sam?'
This made her laugh. 'No, my
name's Sam. I'm talking last names. You are at least Wes,
aren't you?'
'Full disclosure coming up.' He
patted her back reassuringly. 'Wes Farrell, Attorney at Law, at your
service.'
She groaned. 'Oh, you're not a
lawyer, not really?'
'Realler than a heart attack.
We're everywhere.'
'Wes Farrell...' she said
quietly. 'I feel like I...' She stiffened and sat up abruptly.
'What?' he asked.
'Wes Farrell!?'
'Au personne, which means
something in French, I think.'
But the good humor seemed to have
left her. 'You're Wes Farrell? Oh my God, I can't believe this.'
'This what? What are you—?'
'What am I ? What are you?'
'What am I what? Come on, Sam,
don't—'
'Don't you don't me.'
She was up now, grabbing a robe from a hook behind her on the wall.
Pulling it around her - covering up - she turned and faced him. 'You're
the Wes Farrell who's defending that scumbag Levon Copes, aren't you?'
'How do you know?'
'Don't worry, I know him.' She
was fully engaged now, slamming her fists against her thighs, the bed,
whatever was handy. 'I knew it, I just fucking knew it. God,
my luck. I should have known.'
'Sam . . .'
'Don't Sam me either!'
Walking around in little circles now. 'I'm sorry, but this just isn't
going to work. I want you to go now. Would you please just leave?'
'Just leave?' But he was already
sitting up, grabbing his pants from the floor.
''Yes. Just leave. Please.'
'Okay, okay. But I don't know why
...'
'Because I can't believe you'd do
what you're doing with Levon Copes, that's why - trying to get him off.
I can't believe this is you. Oh shit!'
'It's my job,' he said. 'I'm a
lawyer, it's what I do.'
That reply stopped her dead.
Suddenly, the energy left her. She let out a frustrated sigh and
whirled around one last time. 'Just go, all right?'
He had his shoes in his hands,
his shirt untucked. 'Don't worry, I'm gone.'
It had been more than an hour,
and Ahmal had gone, too.
Mark and Sheila Dooher had said
no more than a hundred words to each other all night. She had made the
traditional New England boiled dinner which he normally loved, but he'd
only picked at the food. At dinner, he'd been polite and distracted and
then he'd excused himself, saying he felt like hitting a few balls at
the driving range - he'd been playing more golf lately, an excuse to
stay away from home longer, go out more often. He'd even asked her if
she wanted to accompany him, but he really didn't want her to - she
could tell - so she said no.
Now, near midnight, he was still
up, reading in the downstairs library, a circular room in the turret,
under her own office. When he got home from the driving range, he'd
come in to say good night, kissed her like a sister, saying he had work
to do. Would she mind if he went to the library and got some reading
in, some research?
She couldn't take it anymore.
She stood in the doorway in her
bathrobe. He'd lit a fire and it crackled faintly. He wasn't reading.
He was sitting in his green leather chair, staring at the flames.
'Mark?'
'Yo.' He looked over at her. 'You
all right? What's up?'
'You're still up.'
'The old brain just doesn't seem
to want to slow down tonight. So I thought I'd just let it purr awhile.'
She took a tentative step or two
into the room.
'What's it thinking about?'
'Oh, just things.'
Another step, two more, then she
sat sideways on the ottoman near his feet. 'You can tell me, you know.
Whatever it is.'
He took a moment. 'I played
squash with Wes this morning. Went over and picked him up at the hovel
he calls home. You know what he told me? That you'd told Lydia you
thought I was suicidal. That our marriage was on the rocks.' He leveled
his gaze at her. 'Imagine my surprise to get it from Wes.'
He was being a good listener,
leaning forward now, holding both her hands. He couldn't help but
notice the hands. They really did age quicker than everything else -
you couldn't fake hands. The hands gave her away.
He really wished she wouldn't
cry, but she was. Not sobbing, but quiet tears. '... no looking ahead,
no laughs.'
'I know,' he said. 'It's my
fault, too. I suppose I let your depression get to me. I shouldn't have
done that. I should have said something.'
'But you tried, and I pushed you
away.'
'I still should have.'
'It wasn't you, Mark, it was—'
'Wait, wait. Let's stop who it was.
It doesn't matter who it was. We're talking about it now. We'll fix
it starting now, starting today.' He leaned over and kissed her. 'We've
just gotten into some bad habits. You feel like a nightcap?'
She hesitated, then decided.
'Sure, I'd like one. One light drink isn't going to hurt me.'
'You're right.'
She held on to him. 'I love you,
Mark. Let's make this work, okay?'
He kissed her again. 'It will. I
promise.'
Wes Farrell exited the crowded
elevator into the familiar hallway madness -cops, DAs, reporters,
witnesses, prospective jurors, hangers on.
It was just after 8:00 a.m. and
the various courtrooms wouldn't be called to order for at least another
half-hour. Farrell knew that a lot of legal business got done here in
these last thirty minutes - pleas were agreed to, witnesses prepped,
lawyers hired and fired.
This was also the moment when
negotiations about plea bargaining got down to tacks. If you were a
defense attorney, as Wes was, and you had a losing case, you didn't
really want to go to trial. But your client generally didn't like the
prosecution's offer of jail-time -only ten years didn't tend
to sound like a deal except when you compared it to the twenty-five
you'd do if you got convicted. Maybe somebody's mind would change and
your client would get off with a fine. Maybe world peace was just
around the corner.
So you played the game and hung
tough for your client, bluffing that you really would put the
prosecutor's office through the time and expense of a jury trial. But
at some point - such as now when you were in the hallway waiting for
trial - this was when you folded your cards and took the plea.
But that wasn't Farrell's
intention this morning. He wasn't here to run a bluff. He was here with
the outrageous intention of talking the DA into dropping murder charges
against Levon Copes right now or, failing that, deliver the message
that Levon was prepared to go to trial. Of course, Levon had already
pled not guilty at pre-trial, but that had been more or less pro
forma.
This was different.
Wearing a black silk blouse and
one of her trademark miniskirts, dark green today, Amanda Jenkins was
leaning against the wall enjoying this morning's special entertainment.
Decked out in fezzes and robes, a dozen or so representatives of the
Moslem mosque were protesting the arrest of one of their members for
bank robbery, and were performing a hucca - a ritual dance
derived from the old whirling dervishes. They were jumping up and down
and chanting, 'Just-us, just-us.' Several uniformed cops were available
to maintain a semblance of order, but it probably wasn't going to get
out of hand. These things happened every week in the Hall. To Farrell,
it was almost more amazing that no one seemed to think it was that odd.
He came up to Jenkins. 'With a
couple of instruments, they could take it on the road. It'd really go
better with music, don't you think?'
She considered it seriously.
'Accordion and tuba. Alternating bass notes. Oom-pa, oom-pa. It's a
good idea.'
They discussed variations on the
theme until they located an empty bench far enough away to hear
themselves talk, and Farrell went into his pitch.
'You can't be serious?' she said
when he wrapped it up. 'You're saying you expect us to simply drop this?'
'Like the hot potato it is. I
don't really expect it, but you don't have a case, and your boss seems
to know it.'
'I'm sorry he gave you that
impression and I'm sure he would be, too. I just talked to Art this
morning before coming down here and he is totally committed to this
prosecution.'
This was a lie, but Amanda
delivered it straight.
'Murder One?'
She nodded. 'With Specials.'
Meaning special circumstances - in this case murder in the course of a
rape. The state was going to ask for LWOP - life in prison without the
possibility of parole.
'So why are we having this
discussion?'
Amanda straightened her skirt,
pulling it down to within four inches of her knees, a move she was
unaware of. It didn't escape Farrell's notice, however. Neither did the
clearing of her throat. The woman was a nervous wreck. 'You called Art.'
'True. But then he called me
back, said maybe we had something to talk about after all. If your best
offer is life, I think all in all I owe it to my client to try to get a
better deal.' He paused. 'Especially since you can't convict him, not
on the discovery I've seen. He's gonna walk, Amanda, and you know it.
Drysdale knows it. You guys fucked up.'
'We drop the Specials. You plead
Murder One straight up, twenty-five to life.'
Farrell cast his gaze down the
hallway, up to the ceiling. 'How can I phrase this? No chance.'
Amanda was trying to get some
satisfaction out of this. Drysdale had told her she was going to
have to drop the charges, an extraordinary, once-in-a-lifetime decision
in a rape/murder case. This just didn't happen, ever. Except now, it
was happening, and Amanda was in the middle of it.
The only chip the DA wanted to
play was to use its slight remaining leverage, if any, to avoid
embarrassment in the press. Jenkins, who took this stuff personally,
was hoping to salvage a little more.
'Wes, your client killed this
woman.'
'My client is innocent until you
prove he's guilty.'
'Oh please, spare me. What do
you think? Really?'
'I just said what I think.'
Jenkins took in a breath and held
it for a long moment. 'Murder Two,' she said at last. 'Fifteen to life.
He'll be out in twelve.'
Farrell crossed his arms, gave
her a worldly look. 'Amanda, please.'
'What?'
'When's'the last time you went to
a parole board hearing? Out walk five people who've read the police
report, hate your client, and figure he's done it before. At least one
is there from some victims' rights group. Your client comes in, says
he's sorry - hell, he's really sorry - and they say thanks for
your time, see you in another five years.'
Amanda repeated it. 'Still, he'll
be out in twelve on Murder Two.'
'He'll be out in twelve weeks
if we go to trial.'
'I guess we'll let the jury
decide then. We're not going to simply drop these charges, Wes, and if
we go to trial, it's One with Specials. That's putting your client at
tremendous risk.'
Farrell nodded, stood up, grabbed
his briefcase. 'I'll discuss it with him. See you in ten seconds.' He
held out his hand. 'I'll be in touch.'
He'd gone about ten steps when
the prosecutor called after him. 'Wes?'
He stopped and turned. He was
almost tempted to go back and put an arm around her shoulder, tell her
everything was going to be all right. This was just a job, a
negotiation, nothing to take so seriously.
A vision of Sam from St Patrick's
Day - when it had been personal to her, too. What was with all
these women?
Amanda Jenkins's eyes showed her
concern, even panic. The woman was deeply conflicted, but she forced a
weak smile. 'Nothing,' she said, 'forget it.'
'I had to try, Art.'
'No, you didn't, Amanda.'
'Farrell's going to talk to Levon
right now, this morning. Levon knows he
did it. He's looking at
LWOP if he doesn't plead. We've got some leverage here.'
'We don't have the evidence.
Farrell appears to have a pretty good understanding of that.'
'He's got to convey our
offer to Levon. If he takes it, we win. It was worth a try.'
Drysdale picked up the telephone
on his desk. 'All right, you had your try. You got Farrell's number?'
She argued for another five
minutes, but it did no good, so she made the call and told Farrell the
People were moving to dismiss the charges on Levon Copes to permit the
time for further investigation.
Victor Trang made Dooher drive
half an hour out to Balboa Street to meet in some dive named Minh's,
decorated mostly in yellowing strips of flypaper which hung from the
ceiling.
Dooher hated the smell of the
place. His Vietnam hitch had been the low point of his life, and since
he'd returned he hadn't put much effort into developing any taste for
the culture.
He didn't see Trang right away -
Dooher had to walk along a counter and endure the suspicious eyes of
the proprietor and of the four other customers who sat hunched over
their bowls.
Trang sat in a booth at the back,
papers scattered around him, his calculator on the table so he'd look
busy. There was a cup of tea in front of him, and some dirty dishes
still on the table, pushed to the side. He wore the same suit, the same
skinny tie, as the last time they'd met.
Dooher slid in across from him
and Trang, punching the damn little machine, held up a finger. He'd be
with Mark in just a minute. Finally - a whirr of number-crunching - he
looked up. There was a smile, but it lacked sincerity.
He began briskly enough. 'I'll be
filing the amended complaint next Monday, which gives us a week to
reach a settlement agreement, if you're still interested. If not, I'll
go ahead sooner.'
Dooher tried to run his bluff. 'I
did tell you that our offer expired the day after we met. When I didn't
hear from you ...'
'And yet you're here.'
'The Archbishop thought it was
worth another try.'
Trang stared at the ceiling
behind Dooher. At last, he put down his pencil, brought himself back to
the table. 'Here's the situation, Mr Dooher. First, I'd appreciate it
if you'd stop insulting me with this talk about the Archbishop's
concern for my well-being. I've got a lawsuit that's going to do his
diocese a lot of harm and incidentally might smear him with the runoff.
He knows it, I know it, you know it.'
'All right.' Dooher wore his
poker face. 'I didn't know you. I mean no insult. Some people hear the
bluff and cave early.'
Trang seemed to accept that. He
shuffled some of his papers around, appearing to look for something
specific. Finding it, he pulled the page toward him and read a moment.
'I've got, let's see, twelve names here.'
'Twelve people? You're telling me
Slocum was involved with twelve people?'
Trang's self-satisfied smile
remained in place. It was getting to Dooher. 'I've got twelve
people, so
far, who are willing to allege a relationship with a priest in the
Archdiocese. Three different parishes. It's a widespread problem, as my
amended complaint contends. Clearly, there's a policy of toleration
beginning at the very top ...'
Dooher took the paper and glanced
at the list. 'All of these names seem to be Asian.'
'That's correct. Most are
Vietnamese.'
'An interesting coincidence.'
Trang shrugged. 'These refugees
came to this country as displaced people. They turned to their
spiritual advisers to help them through the many adjustments they had
to make, and many of these advisers - these priests - betrayed them,
took advantage of their weakness and vulnerability.' He shook his head
at the tragic reality.
Dooher had a different
interpretation. 'We'd depose every one of these women. You understand
that?' - telling Trang what he suspected, that the charges were bogus. Trang had
recruited a dozen liars to trade their accusations for a fee - some
tiny fraction of the settlement he hoped to get.
But Trang had another card.
'They're not all women.' Another meaningless smile. 'This is San
Francisco, after all.' So now Trang had priests seducing young men as
well, with Flaherty consistently looking the other way. 'And of course
there'd be depositions. My clients would want to reveal the whole
truth, if only to warn others who might be in their positions.' He made
a little clucking noise. 'This is the kind of story that will be all
over the newspapers, though of course we'd try to contain that.'
This, Dooher knew, was the real
issue. Trang was running a scam, pure and simple. He was threatening to
foment a scandal, and what made it viable was that it wasn't all made
up. Undoubtedly, Mrs Diep and perhaps her daughter had been wronged by
Father Slocum. Perhaps there was another victim, maybe two.
But twelve! Magically
appearing out of the woodwork within the last few weeks...?
Dooher didn't think so, but what
he thought didn't matter much anymore. He had to contain this lunatic.
It's what Flaherty expected him to do. It's what he got paid for.
'Let's talk about Mrs Diep for a moment, the suit that's already been
filed. She's asking for—'
But Trang was shaking his head,
interrupting. 'No, no, Mr Dooher. That is in the past. I've uncovered a
widespread problem that would, frankly, benefit from a public forum.
Your Archbishop may have meant well, but many people have been damaged.
And I think as we proceed that many other victims will come forward.
Don't you think that's likely? It's the way these things often go.'
Again, the smile.
Dooher knew he was right. Trang's
plan was wonderful - he'd prime the pump with bogus victims, then, once
the issue made the daily news, everyone who had ever been kissed by a
priest was going to stand up and ask to join the party.
'Which is why we would prefer you
not to proceed.'
A nod that perhaps Trang believed
was dignified, magnanimous. He was going to be a good winner.
Dooher wasn't prepared to be a
loser, however. Not to this little upstart gook. That wasn't going to
happen. Not now. Not ever. 'The Archdiocese wants to redress the wrongs
it may have inadvertently condoned, Mr Trang. That's why we're talking.
These people,' he indicated the list on the table, 'now they may feel
betrayed, but I don't think there's much of a case that they've been
substantially damaged. Mrs Diep, yes. Her daughter, okay.
We're prepared to give Mrs Diep her fifty thousand, with another fifty
to be distributed among,' he paused, a look of distaste, 'among your
other clients.'
Trang sucked on his front teeth.
'If you deduct my fees, that really satisfies no one completely. Thirty
thousand among twelve people is an insult for what they've endured. You
must know that. And Mrs Diep will still be out nearly twenty thousand in cash,
plus the interest.'
Dooher held up a hand. 'We'll pay
your fees on top.' This upped his offer to $135,000 or so. This
situation was making his stomach churn with rage and impotence. Nearly three
times what Trang had been asking only last week and—
And he was still shaking his head
no. 'I don't think that figure addresses the seriousness of these
charges, Mr Dooher, the sense my clients feel that there should be some
punishment so that the Archbishop will think twice before
allowing these betrayals to occur on his watch. A hundred thousand is a
mere slap on the wrist. He'd never feel it.'
Swallowing his bile, Dooher
folded his hands in front of him. 'What do you want, Trang?'
It was a simple question. Palms
up, Trang came clean. 'The amended complaint asks for three million.'
Dooher kept his face impassive.
This had become personal, Trang playing him like some fish. But he
wasn't going to flop for him. He waited.
'Perhaps I could convince my
clients that half of that figure would be a reasonable compensation for
their suffering.'
A million five! Dooher knew that
this wasn't close to what he'd been authorized to offer. And yet if he
didn't get to some agreement they'd all have to go to court and the
whole thing would become public. Even if most of Trang's clients were
invented, the fallout would poison Flaherty. And Dooher would have
failed in every respect. He could not let that happen.
'That's too much,' he snapped. He
grabbed the paper again, ran his eyes down the list. 'I'll tell you
what
we will do, Mr Trang. Final offer, and subject to a confidentiality
agreement, no press conferences . . .' He was showing his temper, and
paused a fraction of a second for control. This was his last card and
he knew he'd better play it. 'Six hundred thousand dollars.'
Trang showed nothing. It was as
though Dooher hadn't said a word. He was in the middle of lifting his
cup to his lips, and there wasn't even a pause. He drank, put the cup
down. 'That is really excellent tea,' he said. Then, as though it were
an afterthought, 'Six hundred thousand dollars.'
Dooher let him live a minute with
the number. Then he said, 'A lot of money.' He didn't say, 'And two
hundred grand for you, you slant-eyed little prick.' Which was what he
was thinking.
'It is a lot of money,' Trang
agreed, 'but it is also a long way from three million, or even one
five. If I may, I'd like to take the offer under advisement. Speak to
my clients.'
'Of course,' Dooher said, except
he knew that Trang had nobody to discuss anything with. He decided he
had to raise the stakes. 'But this offer expires at close of business
today. Five o'clock.'
Trang digested that, then began
gathering his papers, packing them into his briefcase. 'In that case,
I'd better be on my way. It's going to be a busy day.'
The sun had come out for what
seemed the first time this year, and that springtime sense of hope in
the air prompted Christina to walk into Sam's office.
Her boss was sitting in the hard
chair, tilted back, her eyes closed, her arms crossed over her chest,
and her ankles crossed on her desk. Sensing a presence in the doorway,
she opened her eyes.
'I hate all men,' she said.
'Well, I don't hate my brothers or my father, but all the other ones.'
Christina leaned against the
door, smiling. 'How do you feel about volunteer rape counsellors?'
'I don't think they should be
men.' Sam shook her head. 'I'm sorry about the other day. Sergeant
Glitsky came by here and told me you 'd come down to his
office, outside of office hours, doing your job.' She paused. 'I'm a
jerk as a person and a lousy boss, aren't I?'
'Which one?'
A nod. 'I deserve that.'
But Sam was trying to apologize
and Christina didn't think it was a moment for sarcasm. 'Neither,
really,' she said. 'Neither a jerk nor a lousy boss. You care a lot,
Sam, that's all. That's a positive thing.'
'Too much.'
Christina shrugged. 'Beats the
opposite, doesn't it? I'm going out to get some coffee. You think the
office will survive fifteen minutes without us here? Or should I bring
you back something?'
Sam considered a moment, then
brought her feet down off the desk and stood up. I'll leave a note on
the door.'
They waited in line at an
espresso place down the street from the Center. Sam's general theme on
men had narrowed to the specific.
'Wes Farrell?' Christina was
saying. 'Where do I know that name?'
'He's Levon Copes's attorney.'
'No, that's not it. I didn't know
that before you just told me. I know that name from somewhere else.'
Sam had omitted the details of
her interaction with Wes Farrell, leaving it only that they'd met and
she'd given him a piece of her mind.
'Maybe you saw it on one of
Glitsky's reports or something.'
'Maybe.' Christina ordered a
latte, her brow still furrowed, trying to remember. When they'd gotten
served, they sat at a tiny two-seat table up by the window, in the sun.
They shared the sill with two cats, and one of them purred up against
Christina's arm. 'Anyway,' Christina said, 'I didn't think last week
was the greatest time to tell you - just when you were finally starting
to believe that I was a real person who genuinely cares about the
people I try to help, which I am.'
'I know that now. I see that.'
'Well, but... so now this is a
little awkward, but I wanted to give you notice that pretty soon I'm going
to have to stop coming into the Center, doing this.'
A long dead moment. 'Because of
this Tania Willows thing?'
'No. Really because in about a
month I'm taking finals, then graduating, then studying for the Bar and
working full-time for a firm downtown, which I hear is about a hundred
hours a week. Then taking the Bar. I'm not going to have any
time.'
Sam stirred her coffee. Stopped.
Her eyes restlessly scanned the street in front of them. 'Damn,' she
said finally. This always happens.'
'I know. I'm sorry.'
'It's all right. I just get so
tired of it, when it seems you finally get to where you might connect
with somebody ...'
'Then they leave. I know.'
Christina was holding her coffee mug in both hands, trying to keep them
warm. 'So you didn't convert Wes Farrell away from defense work?'
Sam made a face. 'I was dumb. I
just got mad at him. And it wouldn't have mattered anyway, whatever I
did. Copes would just go out and hire another one. Fucking lawyers ...
oops, sorry.'
Christina waved it off. 'That's
okay. I'm not a lawyer yet, and I'm not going to be that kind of one
anyway.'
'It's funny, because he seemed
like a nice guy otherwise. A great guy, really.'
'Who?'
'Who are we talking about? Wes
Farrell.'
Christina looked over her coffee.
'You liked him,
didn't you?'
'I don't know. I might have.
Maybe I would have. I don't know.'
'Call him up. Say hi. He's got to
be in the book. Tell him he's making a mistake with Levon Copes but
that you were too hard on him. You'd like to buy him a drink.'
Sam shook her head. 'I don't
think so. I don't know if I want to buy him a drink.' Sighing. 'It's
not that simple.'
'But wouldn't it be nice?'
The conference room at McCabe
& Roth was meant to intimidate. The dark cherry table was
twenty-four feet long and the shine on its surface encouraged neither
relaxation nor work. It was a table at which to sit. And listen. And be
impressed. The subliminal message from such perfection was that to
leave so much as a fingerprint upon it was to vandalize a work of art,
so briefcases stayed on the floor, notes were taken on laps.
Coffee cups? Paperclips? Drinks?
Food? Forget it.
At one end of the room, the
floor-to-ceiling windows worked their power-view magic, while the walls
were covered with heavily textured, light green cloth wallpaper.
Original oils in heavy frames glowered. Sconced lighting kicked in when
the black-out drapes were drawn.
After his debacle with Trang
earlier in the day, Dooher was primed to win one. He'd had a bad day all
around, in fact, with the Archbishop giving vent to his frustration
that even his top offer of $600,000 had not been immediately accepted.
Dooher still found himself smarting from the carefully phrased reproof.
'It's really not like you, Mark, to let a beginner get the upper hand
like that in your negotiations.'
There had been nothing he could
say. And now close of business had come and gone and he hadn't heard
back from Trang, so the Archbishop's offer was no longer on the table.
And Dooher knew it was all going to get much worse.
But for now, this moment, he was
going to enjoy himself. He sat at the head of the conference table, and
checked his watch - 5:40. The other eight partners should begin
arriving any minute.
He found himself smiling,
thinking of David and Bathsheba, and of Bathsheba's poor first husband,
whom David sent off to war, promoting him so that he would be at the
front of the troops, leading the charge against the Philistines, a hero.
Alas, never to return.
'Joe, you may have heard rumors
to the effect that the firm has been considering expanding into new
market areas. Well, we're all gathered here now to put an end to those
rumors. They're absolutely ... true.'
A polite ripple of masculine
chuckle.
Joe Avery smiled nervously from
his end of the conference table. Several of the other men looked his
way, nodding and smiling. Dooher continued, 'We've reached the decision
that the first satellite office should be in Los Angeles. As you know,
we do a lot of business down there - many of the cases you've been
working on, as a matter of fact. We've all been impressed with the
hours and effort you've put in over the years here, and we'd like to
reward you now by asking you to put in some more.'
Another round of club laughter.
'But seriously, and before we get
down to the nitty-gritty of what we're expecting down in LA, all of us
wanted to take a minute and say congratulations. And, I should add -
I'm afraid I've hinted at this to you before' - here Dooher included
most of the partners around the table in a conspiratorial wink - 'we
kind of rushed your partnership through committee a little earlier than
you might have expected.
'We'd like you to take the helm
down in Los Angeles, Joe, open the office, get us up and running and
put us on the map down there.' Again, an inclusive gesture around the
room. 'Gentlemen. I've seen the future of McCabe & Roth and its
name is Joe Avery. Congratulations, Joe.'
Heartfelt applause. Joe Avery
stood, beaming and basking in his colleagues' approval. And Dooher knew
that even if it meant losing Christina, the fool wouldn't let this job
get away.
On the next Thursday night,
Dooher suddenly stopped his reading in the library on the lower floor
of the turret. His eyes raked the shelves quickly, all of his senses
alert with an overwhelming prescience. Something was going to happen -
he could feel it!
The telephone rang. He knew who
it was and he trusted these things implicitly. Besides, the timing was
about right - four days since Avery had been promoted. He picked it up
on the first ring, resisting the urge to answer with her name.
Instead, he was as he always was.
'Mark Dooher here,' he said. The library doubled as his private office,
with a personal phone that he answered in business tones.
A longish pause, then: 'Mark,
hi.' Another breath. 'It's Christina Carrera. I'm sorry to bother you
at home.'
'Christina!' Heartfelt surprise
and enthusiasm. 'It's no bother. I wouldn't have given you my home
number if I was going to get mad at you for using it.' Dooher carried
the portable phone across the room and quietly pushed the door closed.
It was a little after 9:00 p.m. and Sheila was watching television in
the kitchen, doing the dinner dishes. The closed door was a signal that
he was working - she wouldn't disturb him. 'To what do I owe this
pleasure? What can I do for you?'
'I don't know, maybe nothing. I
feel very awkward about calling you ... but then again I've been
awkward about everything lately.'
As he listened, Dooher re-crossed
the room, went to his bar and poured a couple of fingers of bourbon,
neat, into a brandy snifter. He was nodding, fully engaged.
'. . . but I didn't know who else
I could talk to. I think I need some advice.'
'Advice is my business and my
rates are reasonable - well, not completely reasonable. No one would
respect me if they were.'
He could almost see the relief in
her face, her smile. Their banter - Mark's light touch - put her at
ease. He was her friend and she was glad he was here for her. He heard
it in her voice. 'Okay,' she said, 'I'll pay.'
'Good. Lunch on you.' Then, more
seriously: 'What's the problem, Christina? The job again?'
This time, the silence
continued
for several seconds. He waited. 'Really it's not so much the job. It's
more personal.'
'You're not in legal trouble, are
you?'
'No! Nothing like that.'
'But personal?'
'Joe,' shejsaid simply. 'I just
don't know what to do.'
He sipped his drink, still
standing by the wet bar. 'We can talk, Christina, but if it's Joe,
maybe this would be better discussed with him.'
'That's what I'm trying to avoid.
I don't want to always be so negative with him. Not when he's so happy
with everything.'
'It's the transfer, I presume?'
A bitter laugh. 'I almost want to
blame you.'
'For promoting Joe?'
'I know. It's stupid.'
'No, not that. But this move has
been in the works a long time. Certainly before I ever met you.' This
was not strictly true. The decision to open an LA office had been
considered months before, but Dooher's decisions to go ahead with it
and then to appoint Avery was finalized over the last six weeks or so.
In administrative matters, Dooher rode roughshod over his nominal
partners - he ran his firm his way. It was making money and if the
partners didn't like his decisions, one of them could try to do what he
did - but without him. He and his business would go elsewhere.
'I know. I know that.'
She sighed. 'God, I'm such a bitch.'
'I haven't really noticed that.
Are you being hard on Joe?'
'Not yet. I think that's why I
needed to call you.'
'For my permission for you to be
hard on your boyfriend? I don't think so.' He couldn't bring himself to
call Avery her fiance. Also, he wanted to deliver the subliminal
message - boyfriends were temporary and insubstantial.
'I don't want to be a nag all the
time. That's just it. I'm not an unhappy person. Don't laugh. I'm
really not.'
'I'm not laughing.'
'But now, I can't seem to
accept... if I talk to Joe, everything I say lately comes out like I'm
not being supportive of his career. I probably shouldn't
even be talking to you.'
'You can stop saying that,
Christina. I'm glad you called. I'm just not sure what I can do. The
decision's already been made.' The drink was kicking in - he eased
himself down onto a barstool, relaxing.
'I guess I'm not asking you as
the managing partner, Mark. And I don't know if I'm presuming. But
you've been... I feel like you' ve been a friend, is that all right?
And I need to have a friend who can talk about this, who can understand
both sides.'
'All right, then I'll take off my
managing partner's hat.' He lowered his voice. 'I'm touched that you
thought of me. And I really don't know if I can be of any help, but I'm
listening.'
The good husband, Dooher was
finishing a second drink at the table in the kitchen nook, confiding to
his
wife about the call. 'So the poor kid's in a bind. What's she going to
do?'
Sheila was drinking her de-caf.
'This is the really stunning girl from the party, isn't it? Christina?'
'That was her.'
'And she called you?'
He pointed a finger, broke a
sardonic grin. 'Actually, the truth is she wanted me to leave you for
her. Said she couldn't live another moment without me and I can't say I
blame her. But I had to tell her I was taken.' He reached across the
table and took his wife's hand. 'Happily.'
'Are you?'
A reassuring squeeze, eye
contact. 'Completely, Sheila. What kind of question is that? You know
that.'
'I know, but lately...'
'Lately we haven't exactly been
flying. Okay. We've pulled out of dives before. We're going to do it
again.' He shrugged. 'Of course, she was devastated, but she's young.
She'll get over it. Probably.'
Sheila was shaking her head.'To
think that someone who looks like she does could have problems...'
'People have problems, She. You
did - we did - especially when we were young, trying to figure
everything out.'
'But I never looked like her.'
'Not like, but every bit as good.'
His wife beamed and covered his
hand with both of hers. 'You've got a half-hour to cut this flattery
out. I mean it.' She let go of his hand, picked up her cup and sipped.
'Aren't you glad we're not starting out now, you and I? I don't know
how these kids do it. I mean, in our day, if you'd been transferred I'd
have gone with you, no questions asked. In fact, I did go. Berkeley,
then waited through Vietnam, then LA, then back here.'
'I remember. And you never
complained.'
She couldn't stop smiling at him.
He was getting back to his old self, the little compliments, the
kindnesses. 'Well, complained sometimes, but never thinking I wouldn't
go with you. Now - these girls nowadays - I mean women of course,
they're women -I mean, she must be in her mid-twenties if she's getting
out of law school - we had all our kids by that age, do you realize
that?'
'We were unusually wise and
mature. Still are.'
'But now look at what this girl
is dealing with. And all because she wants her precious career. And
what's a career? Who wants to have to work your whole life?'
'She wants to be able to work,
Sheila. There's a difference. Maybe she'll need to. It's hard to say
nowadays. It's a different world.'
'I think it's a damn shame. I'd
tell her to just go with her man, and the rest will take care of
itself.'
Dooher's face broke into a
conspiratorial smile. 'I don't think I could put it exactly like that. She'd think
I was the last of the reactionary pigs. Well, maybe not the last.'
'But you wouldn't be wrong.'
'Maybe not, but I'm afraid in
today's social environment it's one of life's little truths that she's
going to have to discover for herself.'
'So what's she going to do? What
did you advise her?'
'I was punctiliously PC - told
her, if it were me, I'd stay here and do a great job this summer, study
for the Bar and pass it, be supportive of what Joe was doing. If
they're in love, it'll work out eventually, maybe sooner. Lots of
people get separated by jobs, by life. The ones that are meant to make
it, make it. It doesn't have to be a crisis.'
She took his hand again. 'You
know, Mark, sometimes I forget what a romantic you are.'
He shrugged it off. 'I'm just
trying to be a good boss. They're both valuable assets to the firm - if
they're not happy they won't be productive.'
'Oh, and that's it? All this
paternal advice is simply an ingenious management technique?'
'Essentially.' He tipped up his
glass. 'Mostly.'
She shook her head, smiling.
'Yes,' she said, 'I'm sure.' Motioning to his empty glass, she asked if
she could get him another one.
He hesitated. 'I'm not trying to
be an enabler here, but would you consider joining me?'
She still wasn't anywhere near
telling him about the Nardil, her anti-depressant drug. She didn't
think she'd ever get to there. But Mark was relaxed, in a sensitive
mood, open to her. She'd gone back to her wine over the past few weeks
and there'd been no ill-effects. Now Mark wanted her to join him for a
nightcap. If she said no, the mood would be gone, and she wasn't going
to risk that.
Midnight.
Sam Duncan sat up abruptly,
terrifying Quayle, who'd been asleep in bed with her. The dog yipped
twice, then whimpered, and she reached out a hand to calm him, bringing
him over the blankets on to her lap.
Petting the dog absently, she
swung her legs over the side of the bed. She hated it when she couldn't
sleep, and she' d made a resolution that she wasn't going to drink even
a drop of anything to make her nod off. The last time she'd had a drink
was St Patrick's Day, and look where that had gotten her.
To right here.
The couple who lived in the unit
above her - Janet and Wayne - were silent now, though from the sound of
it, they'd had a hell of a good night. Actually, it had been like one
of those scenes in the movies where the couple next door let out all
the stops and just completely went for it. Perhaps Janet and
Wayne didn't realize that Sam had come home. Maybe they didn't think
sound carried that well through the old building. Regardless, they put
on some show - pretty much the complete range of the audio spectrum -
vocals, screams, thuds,
creaking springs,
sighs and moans, you name it. In the movies, it was often pretty funny.
For Sam, tonight, it wasn't. It
was damn near tragic, she thought.
But she wasn't going to panic.
She was a mature woman and if fate had not supplied her with a mate
after all this time, she had dealt with it, made a successful life for
herself. The men had come and gone, a few steadies, a fiance once for a
couple of weeks, but for the past four or five years, she'd simply
decided to stop pursuing it, stop worrying about it, concentrate on her
career and let whatever was going to happen in her love-life simply
happen. The problem was that nothing significant had happened.
Not until Wes Farrell.
She hadn't been with him more
than two hours, but in that time - stupidly, without any reason or
explanation - she'd felt more alive, simply better, than she
could remember. There was just a whole different quality to the way
they'd related - complete ease, immediate rapport, sexual attraction,
attitude, humor. Of course, she'd been half in the bag. But the half
that hadn't been thought it remembered pretty well.
And then he'd turned out to be ...
Well, what, really? A guy who did
a job she didn't approve of. Didn't it come down to just that? What was
so bad about him? It wasn't like he was a mass murderer, a professional
wrestler, a car salesman. And the violence of her reaction to what he
did - though she hated with all her heart to admit it - might have had
just a tad of a tiny bit to do with alcohol.
So she did the wise thing first -
went completely on the wagon. Thought about the whole issue soberly and
while sober. She was thirty-five. She hadn't been lonely before, but
now, damn it, she was. Well, no, not exactly that. What she wanted was
another fix of him.
Christina had said to look him up
in the book, and after two days of struggling with herself, she had.
There was a work number, on Columbus, no home number listed. And the
number was there right now on the notepad on her bed-table under the
lamp.
'Shit,' she said, flicking on the
light.
What the hell, she was thinking.
It's midnight. He's at home and I can just talk to the machine at his
office, apologize for being such - no, not apologize, don't start on
that note. I'd just like to talk with him. And she'd leave her number.
But wait. He knew where she
lived, and if it had been important to him, he could have come by, rung
the bell...
Except that, no, she'd thrown him
out. He'd probably think, with some justification, that she was a
nutcase. Even if he was tempted to come back, he'd think twice, maybe
ten times - and decide he'd better not. She couldn't blame him. Also,
if she was really, as he'd said, the first woman since his marriage,
he'd be skittish. And again, she couldn't blame him.
It was going to have to be her.
I've got to find out if his
marriage is over, she thought. That's got to come first. I'm not getting involved
with a married man. I don't know him at all. This is dumb.
But she was punching the numbers
and the phone had started ringing.
'Hello.'
'Oh, I'm sorry. I must have the
wrong number.'
She was about to hang up. She
wasn't prepared to really talk with anybody, certainly not with him.
She was only going to leave a message. 'Sam? Sam, is that you?' It
stunned her. He recognized her voice?
She clenched the phone. She
should just slam it down. Wrong number. Wrong time. Wrong.
'Sam?' he repeated. 'Is that you?'
She sighed with frustration. 'I
wanted to apologize. No! Not apologize, explain. I thought I'd get your
machine.'
'You want, I'll turn it on,
promise not to listen till tomorrow morning.'
'That'd help. Are you still
working, I mean at work?'
'If you ask questions, my machine
won't be able to answer. It'll get all confusing.'
'You're right.'
'Also, I think you should know
that I got my client - Levon Copes? - I got him off today. If that's
what you were calling about.'
'You got him off?'
'They dropped the charges. The DA
decided the evidence wasn't going to stick. He's out of jail.'
She took a breath. 'Well, that's
not exactly what I called about. Maybe a little, but not mostly.'
Another pause. 'Listen, if I promise not to get psycho on you, would
you like to meet me sometime for some coffee or something?'
'Sure. I mean okay. I guess. Why
don't you tell me when?'
'Would, like, about now be all
right?'
Part Two
Sergeant Paul Thieu, an
investigator in Missing Persons who doubled from time to time as a
translator, rode in the passenger seat of Glitsky's unmarked green
Plymouth, chattering away as though he was on his way to a wedding or a
party, instead of a murder scene. Next to him, Glitsky kept his eyes on
the road - it was dusk and the fog clung around the car like wool.
Actually, Glitsky was thinking
that it wasn't so bad hearing a voice with some animation in it. There
wasn't much cheeriness in the rest of his life, especially around his
house, where now they had a nurse coming in every day.
Flo wasn't going to spend her
last days in any hospital - they'd discussed it and the family was
going to be around her. Not that she was there yet, to her last days,
but they were coming. Also, Nat - Glitsky's father - was spending a lot
of nights on the couch in the front room, taking up the slack with the
boys, trying to keep things in some perspective, as if there could be
any.
But Glitsky had hjs job. Going to
it was a kind of a relief. And Thieu, chatter or not, represented the
beginning of what might turn out to be a more than normally interesting
case.
By far the majority of homicides
in the city were what law-enforcement personnel referred to as NHI -
'no humans involved' - cases. One person from the lowest stratum of
intelligent life would kill another, or several others, for no apparent
reason, or one so lame that it beggared belief.
Last week, Glitsky had arrested a
twenty-three year-old woman whose IQ soared into the double digits and
who'd killed her boyfriend in a dispute over what television show they
were going to watch. After she'd shot him, she sat herself down and
watched all of Roseanne before thinking, 'Well, hey, maybe I'd
better see if I can wake old Billy up now.' Which, with a bullet in his
heart, proved an elusive undertaking.
But occasionally someone with a
more or less normal life got killed for a real reason; the deadly sins
did continue to reap their grim rewards. These were the cases Homicide
cops lived for. Glitsky and Thieu were driving to what looked like one
of them now - an attorney named Victor Trang, who'd been stabbed in the
chest.
'So the way I figure it, there's
no way I'm going to get to Homicide by moving up the list.' Thieu was
referring to the seniority list by which promotions in the SFPD were
controlled. 'The other guys up there - isn't that true? - they put in
their fifteen-twenty and by the time they get assigned to Homicide,
they are completely burned out. Then they discover they actually have
to work weekends and nights if they want results. But they don't want
to put in that kind of time. Hell, Homicide's a reward, isn't it? But
they can't be touched because of their seniority. And they still want
the prestige of the Homicide detail, so they take the job and then
don't do it.'
Glitsky shot him a glance. 'I do
my job, Paul. Other guys do their jobs.'
Thieu didn't seem affected by
Glitsky's lack of agreement. Certainly it didn't shut him up. 'I'm not
saying that, Abe. I'm not talking about you. You know who I mean.'
A non-committal nod. Glitsky did
know who he meant, and Paul had perfectly analyzed the deadwood problem
within the unit. It was not Glitsky's inclination, however, to
bad-mouth anyone else in his detail. These things had a way of getting
around.
'But the point is, I'm being the
squeaky wheel. I want to do this. This is the action and I
crave it.'
Something in Thieu's enthusiasm
for the work forced Glitsky to consider smiling. The idea of the thrill
of the chase had slid away from his vision of his job over the years.
'And imagine this!' The gush went
on. 'I get this call in Missing Persons and we wait our three days and
I just know. I know this is a homicide.'
'It's a rare gift, Paul.'
Thieu caught the intonation and
realized he was pushing too hard. But who could blame him for being
excited? When he got the call from the Vietnamese-speaking mother about
her missing son, he'd had a hunch. In San Francisco, a missing person
had to be gone for at least three days before it became an official
police matter. And Thieu had gone by the book, waiting the full three
days, but sticking with the story as it developed.
'So how many calls did you get in
total?'
Thieu didn't have to consult his
notes. A graduate of UCLA in police science, crew-cut and clean-shaven,
he represented the increasingly new brand of San Francisco cop. He wore
a light green business suit and a flamboyant red and green silk tie
that somehow worked. 'His mother, his girlfriend, one of his clients.'
'And how long was he missing?'
'This was in the first day,
before it even got to us.'
'Three people in the first day?
This was a popular guy.'
'Well, evidently that's a
question.'
Glitsky, driving slowly, flicked
him a glance.
'I looked into it a little, did
some background before he got filed officially as an MP.' A missing
person. 'Something the mother said about a lawsuit this guy was working
on.'
'Which was?'
'Well, evidently he was well
known, but not particularly liked - except by his mom and girlfriend.'
'Why not?'
'Why not what?'
'Why wasn't he liked?'
'Oh. Well, appears the guy was a
politician in the Vietnamese community here. Glad hand, big smile, full
of shit.' Thieu looked over at Glitsky, checking for his reaction,
which was not forthcoming. He was watching the road. 'That's not me
speaking ill of the dead. It's what I've heard.'
Glitsky was paying attention to
Mission Street. They were now at the light on Geneva, which wasn't
working. Traffic was a mess. The fog made it worse. Darkness was
closing in fast.
So Thieu kept chattering.
'Anyway, seems this guy Trang was always showing up at parties,
gatherings, weddings, funerals, giving his card to everybody ... a real
nuisance.'
'I think I met him,' Glitsky
said, straight-faced.
'Really? You met Trang?'
Another sideways glance. 'Joke,
Paul. Not really.'
Momentarily taken aback, Thieu
slumped a little in his seat. Glitsky, perhaps oblivious to his
passenger's distress, said, 'The heck with this,' and pulled his
flasher out, putting it on the roof, turning on the siren. In five
seconds, they were through the intersection, rolling. 'So what did his
mother say?'
Glitsky's rhythms put Thieu off
his own - he'd lost the thread of what he'd been saying. 'About what?'
'About some case he was working
on that made you think there might be trouble, which as it turns out
there is, if you define trouble as getting yourself killed, which I do.'
'Well, apparently Trang was suing
the Archdiocese of San Francisco for a couple of million dollars or
something ...'
'What for?'
'I don't know. Not yet. The mom
said he was over his head, and knew it, but it was a big case. He was
scared, she said.'
'Of what?'
'I don't know. Just playing at
that level, I think. The mom seemed confused about the Church and the
Mafia and thought getting mixed up with one was like the other.'
Glitsky nodded. 'I've heard worse
theories. So he was scared. Did he get any threats anybody knew of, the
mother knew of? Anything like that?'
'No.'
'Well, there's a help.'
As was often the case, Glitsky
was the first of the Homicide team to arrive. The body had evidently
been discovered at around 4:15 p.m. by someone from Trang's weekly
cleaning service, who, undoubtedly not wanting to call attention to his immigration
status, had gone back to the main office and reported it to management.
After suitable discussion, the company had called the police. Squad
cars from Ingleside Station had confirmed the stiff.
Since they had a tentative
identity for the victim, Glitsky had made a courtesy call to Missing
Persons and asked if they had an outstanding MP named Victor Trang.
Which had alerted Paul Thieu, who'd asked if he could tag along.
A couple of squad cars were
parked in front of a squat, faceless, depressing building on a side
street off Geneva. Two uniformed officers stood shivering four steps up
in a little semi-enclosed portico, smelling of urine and littered with
newspaper and broken glass. Identifying himself and Thieu, Glitsky
asked them to wait until the coroner and the Crime Scene Investigators
arrived.
Then he and Thieu opened the door
and entered the building.
Inside, two bare bulbs
illuminated a long hallway, in which three doors were staggered on
opposite sides. At the far end, the other two officers and either
another plainclothes cop or a civilian stood in a tight knot,
whispering. Glitsky was aware of his and Thieu's echoing, hollow
footfalls on the wooden floors.
Though the other doors in the
hallway were wood-faced, pitted and stained, with the lacquer peeling
off, this one's top half was of frosted glass, upon which had been
etched the name Victor Trang and under it, in script, Attorney
At Law.
'He had that door made special,'
the civilian said. His name was Harry something and he lived upstairs
and said he managed the place.
Poorly, Glitsky thought.
Harry did have master keys for
the building - the uniforms had located him as soon as they'd set up.
It was a minor miracle, and Glitsky was grateful for it. 'Must of cost
him a thousand bucks, the door.' Harry was trying to be helpful,
talking to be saying something.
Glitsky ignored him and turned to
Thieu, to whom the likely presence of a dead person was having the
opposite effect than it was having on Harry. Thieu had stopped
chattering. 'You ever do this before?'
'No.'
'You might want to wait then.'
Steeling himself- it was never
routine - Glitsky opened the door, flicked on the light. Fortunately,
he thought, it had been cold in the office. Even now the room was
chilly, but he could detect, before he saw anything, the distinctive
smell. Something was rotting in here.
In Glitsky's experience,
real-life crime scenes tended to be prosaically ordinary, rarely
capturing the vividness, the sense of evil and foreboding so
favored by cop shows and B movies. This one, though, Victor Trang's
office, came close.
Trang had evidently blown all of
his appearances money on his door. Once inside, the office reverted to
the form of the rest of the building and neighborhood. The long desk was
an eight-foot slab of white-washed plywood - in fact, Glitsky realized,
it was another door, perhaps the original. At an L to the desk, a table
held a computer and printer, the phone and answering machine.
The walls were a fly-specked
shiny beige which might once have been white, and they were absolutely
bare - not a calendar, not a picture, not even a post-it. Behind the
desk, a dark window, without blinds or curtains, was a black hole.
There was an off-green couch along the side wall, a wooden library
chair with a pillow seat, a folding chair set up facing the desk.
Slowly taking it in as he moved,
Glitsky walked around the folding chair. Had it been set up for an
appointment? Was it always where it was now?
He stopped. The chair behind the
desk had been knocked over - he could see it now up against the back
wall.
The body rested along the length
of the desk in an attitude of repose, almost as though - no, Glitsky
realized, exactly as though - it had been placed there.
Carefully laid down.
Trang had been wearing an
off-white linen suit, and now it was striped with red, in neat rows.
There was a large bloodstain in the center of the chest, but it was
roughly circular - it hadn't run down the front of his shirt. Therefore
- strangely - it hadn't bled much until Trang was already on the floor.
Glitsky stood looking for a
moment, letting it all sink in. He would wait until the coroner
arrived, until he'd read the forensic reports, but his impressions were
coalescing into a certainty. He knew what the red stripes were. It
chilled him.
The killer had used a knife, then
had held Trang up in some death embrace, holding him up, maybe for as
long as a minute, leaving the knife in, perhaps twisting it toward the
heart. Then, with his victim good and completely dead, he'd laid him
down carefully on the floor, finally pulled out the knife, then calmly
wiped the blade off on Trang's suit - two or three swipes at first
glance.
Glitsky had been a cop for
twenty-two years, in Homicide for the last seven of them. From the
evidence of what he was seeing here, he thought he might be looking at
the most cold-blooded, up-close and personal murder of his career.
'Mark, are you all right?'
Christina stood in the doorway,
one arm propped against the frame. Her hair was down. She wore a navy
blazer over a white silk blouse, two buttons open, just this side of
demure. She wouldn't start her summer job until late June, but she'd
been coming in regularly for the past couple of weeks - ever since
Dooher had counselled her to be supportive yet independent - to help
Joe get his workload organized for the move south.
She'd also gotten into the habit
of stopping by Dooher's office after business hours, just before she
went home. Daylight Savings Time had begun two weeks ago, and the
office was above the fog layer, bathed in an amber light from the
sunset. 'Is something wrong?'
'No. Nothing's wrong.'
'Something, I think.' Moving into
the room, she stopped behind the brocaded easy chair, hands resting on
it.
He took in a deep breath, held it
a moment, exhaled heavily. 'The Trang thing, I guess. Can't get it out
of my mind.'
He raised a hand to his eye and
rubbed. Weary and distressed. An apologetic half-smile at Christina, a
shake of his head. 'What's the sense in it, huh? Here's a guy who's
just getting started, prime of his life, perfect health ... I don't
know. You wonder. It rocks you.'
'The big plan?'
'Yeah, I guess. The big plan.'
'Maybe there isn't one.'
'It's all random, you mean?'
'If it isn't, what's free will?'
He paused a minute, nodding as
though in agreement. 'That's a good lawyer question. I'll have to get
back to you on it.'
Her lips curved up slightly and
she came around the chair, sat on the edge of it, pulling at her skirt,
meeting his eyes, then looking down. 'You do hide behind that, you
know? That lawyer pose. The glib answer.'
'I am a lawyer, Christina. If I'm
glib, it's a line of defense. First we argue, then we deflect the
direction words might be going, and on those rare occasions when it
doesn't look like we're going to win, we ... obfuscate. But I'm not
hiding from you. I hope you believe that.'
'I do. I know that.'
He shook his head again. 'I feel
bad about Trang, but what's the point of belaboring it? Nothing's going to
bring him back. It's the simple fact of it ... of life being
so fragile. I don't feel so glib about that. Not at my age.'
'Your age again. How old are you,
anyway? Sixty? Sixty-five? You couldn't be seventy.' She was teasing
him, trying to cheer him up.
'Eighty-three next month,' he
said. 'But I work out.' He pushed around some items on his desk.
'Actually, since you're as young as you feel, I couldn't be a day over
eighty-one.' He shook his head. 'Sometimes the world gets to me,
Christina. I shouldn't burden you with it.' Shifting around behind the
desk, he flashed his self-deprecating grin. 'You're just lucky, I
suppose, getting to listen to my moaning.'
'I do feel lucky.'
'Well, I'm glad. I do, too.'
'You do?'
He nodded. 'Why do you think the
managing partner takes fifteen minutes at the end of the day just to
visit, risking not only the office gossip but the wrath of people who
think they need my time?'
'I don't know. Part of me thought
you were just watching out for me, after talking me into coming here,
that I wasn't screwing up.'
'I don't believe that.'
'Well, a small part, but some . .
.'
'None. Not the smallest bit. I
don't take care of people professionally - you either do it here or
you're out.'
'No. You wouldn't. ..'
'I don't recommend you try me.
But I have no worries about you. Not one.'
She sat back in the chair. 'Then
I don't know why ...?'
'Yes, you do, Christina.' He
leveled his eyes at her across his desk. The moment called for a
matter-of-fact, intimate tone, and he got it. 'You know, life goes
along, and people get so they don't talk to people - I mean you talk,
but it's mostly surface, but with you and me, maybe we got lucky that
first morning, Ash Wednesday, you remember?'
'Of course.'
'What I mean to say is this, it's
not common - in fact, it's rare. And valuable. I value it immensely.
You ought to know that. I'd hate to die suddenly like Trang did, and
you not know. This isn't business. You and me isn't business, okay?'
'Okay.'
'And another thing, while we're
on it - I'm happily married. My wife is a great partner and a wonderful
person and not a half-bad cook. I'm not going to accept any gossip
about you and me that this office is likely to put out, and I hope you
don't either.'
She was smiling now, with him. 'I
won't. I don't.'
'Good. Now, how are things with
your boyfriend?'
Abe Glitsky, in a pair of khaki
slacks and a flight jacket, was walking down one of the muted hallways toward
Dooher's office, accompanied by the night receptionist, an
exceptionally attractive black woman of about twenty-five. She was
explaining that Dooher's secretary had gone home - was Glitsky sure he
had an appointment for this time, 6:30? Normally, the receptionist was
explaining, if she'd known that, she would have stayed.
'I made it with Mr Dooher
personally,' he said, non-committal. 'Maybe he didn't mention it to
her.'
Glitsky was struck by the color
of the light. The doors to several west-facing offices were open and
the sun was going down over the cloud banks, spraying the hallway with
crimson.
In almost every office he saw a
young person hunched over a desk, oblivious to the sunset, to
everything but what they were reading or writing. Fun job.
Dooher was standing in his
doorway, talking to yet another beautiful woman. Glitsky figured they
grew on trees at this altitude. 'Sergeant Glitsky?'
She was smiling at him, holding
out her hand, and he realized he knew her - from the rape clinic, and
then that visit to his office. What was she doing here?
'Christina Carrera.' Helping him
out.
'Right. Levon Copes,' he
said. 'And I'm still looking.'
This
seemed to register positively. 'I'm glad.'
The man with her - Glitsky
presumed it was Dooher - stepped forward. Protectively? 'You two know
each other?'
Christina quickly explained while
Glitsky checked out the man in his thousand-dollar pale gray Italian
suit. The only wrong note was the hair - no gray, which meant the guy
was vain and had a bottle of Grecian Formula hidden in the back of his
sock drawer. Glitsky figured if he looked like Mr Dooher, he'd be vain,
too. But he'd have to go some before he decided to dye his hair.
The receptionist had disappeared.
Christina was asking if Glitsky was the only Homicide Sergeant in town.
'Sometimes it feels like it.'
'I don't know how you do it,'
Christina said. 'Up until a couple of months ago, I never knew anybody
who'd been murdered, and now I've met two -Tania Willows and Victor
Trang. It's unsettling.'
'You knew Trang?'
'I met him here in Mr Dooher's
office once. Still...'
'It is easier if you
don't know them first.'
Glitsky tried to mitigate the cop humor of what he'd just said by
smiling, but his scar got in the way. 'I know what you mean, though.'
'It's terrible,' Dooher said.
'Christina here and I were just talking about Victor Trang, the waste
of it.'
'You were in Vietnam?'
Christina had gone away -
Glitsky had no questions for her. He and Dooher went into the big
corner office and they had more or less finished with the routine
questions. Glitsky was still seated on the sofa, his tape recorder
spinning silently on the coffee table. The receptionist had brought him
a cup of tea, and it was excellent. With a slice of lemon yet. He would
take the moment of peace until the cup was drained. They were hard
enough to come by.
Dooher was volunteering
information. It probably had no connection with Victor Trang, but
Glitsky's experience was that a murder investigation led where it took
you, and the most innocuous comment or detail could be the hinge upon
which it all eventually turned. He sipped his tea and leaned back in
the soft leather, waiting for whatever was coming next.
The strange red sky had gone
mother-of-pearl and Dooher had loosened his tie. He was drinking
something amber without ice, pacing around, leaning on the edge of his
desk, crossing to the easy chair, to the floating windows. Nervous,
Glitsky thought. Which wasn't unusual. He knew that people -even
attorneys - got jittery when they talked to Homicide cops. It would be
more suspicious if he wasn't.
'That's why I was surprised I
found myself liking him. Trang, I mean.' Dooher sighed. 'I don't like
to admit it, but it's one of the prejudices I've carried around all
these years. Maybe it's genetic. My dad had the same thing with the
Japs - the Japanese. He always called them Japs. Me, now, some
of my best friends ...'
Glitsky kept him on it. 'So how'd
you like it, Nam?'
'You go?'
He shook his head. 'Bad knees.
Football.'
'Yeah, well, maybe you've heard -
it sucked.'
Glitsky had come upon that rumor.
'You see action?'
'Oh yeah. We got ambushed and
most of my squad got killed.' He swigged his drink. 'I still don't know
why I survived and the other guys ... and then the warm welcome at
home, that was special.' He looked over at Glitsky. 'I was bitter for a
while. Blamed it on the Vietnamese. Ruined my life - all that.'
'Did they?'
Dooher took in his plush
surroundings. 'No, that was all youth, I suppose. Excuses. Look around,
my life isn't ruined. I've been lucky.'
Suddenly he snapped his fingers,
went around his desk and opened a drawer; he pulled something out and
handed it to Glitsky. 'These were the guys.'
It was a framed color photograph
of a bunch of soldiers, armed and dangerous, goofing and scowling.
Dooher was in the front row, on the far right, with his captain's bars,
his weapon propped next to him. 'I had this up in that space in the
bookshelves here till just before Trang came up here the first time.
Then I realized it would be offensive to him. I guess I can put it back
up now.'
Glitsky handed it back.
'They're
all dead?'
'I don't know all. Three of us
came home, I know that. But I haven't seen either of the other two in
maybe fifteen years.'
The tea had cooled. Dooher went
back around the desk and placed the frame in its former space, in full
view now. 'Anyway, they trained me pretty well,' he was saying, 'to
hate 'em. Charlie, I mean.'
'So what happened with Trang?'
'Like anything else. You finally
meet one personally, get to know 'em a little, and you realize they're
people first. I just put off meeting any of them for a long time. I wanted
to keep hating them, you see? So the war would make
some kind of sense. Dumb. It's so long ago now.'
'So who still hated him?'
'Trang? I don't know.'
'I understand he was suing you.'
Dooher had settled in the easy
chair. He leaned forward, elbows on knees. 'Well, that's technically
accurate. He'd filed a lawsuit where some priest took money from a
woman. He was amending the suit, that was all. Trying to get more. Hey,
it's his job. Anyway, I represent the Archdiocese. The whole thing
hadn't gone very far. That's just our business. Litigation. Personally,
we were on good terms.'
Glitsky didn't have any reason to
doubt Dooher. He did believe that the killer was probably a tall,
strong male, and though that described Dooher, he didn't have a patent
on the build. 'I'm wondering if he mentioned anything to you about
anybody else - clients, colleagues...'
The attorney gave it a long
moment. 'Honestly, I can't think of anybody. I'll put my mind to it if
you'd like.'
'I'd appreciate that.' Standing,
Glitsky turned off his recorder and slipped it into his pocket. He
handed Dooher his card. 'If something comes to mind, that's me, day or
night.'
Dooher accompanied him to the
door, opened it for him. The cotton clouds out the window had begun to
glow with the lights coming on in the streets below. 'Do you have any
leads at all, Sergeant, on who might have done this?'
'No, not yet. It's still early,
though. Something may come up.'
'Well, good luck.' They shook
hands,
and Glitsky turned to leave as the door closed quietly behind him.
Wes Farrell and Sam had been
going out for a couple of weeks now and hadn't yet moved into the
'serious' phase, as they called it, of what they were also calling
their quote relationship unquote. There was no plan as yet to escalate.
Things were nicely physical. They were getting along, moving back and
forth between their places, taking care of their respective dogs,
although Quayle and Bart had yet to meet.
Wes was flirting with what felt
like his first happy and carefree moment in about half a decade. It was
the Saturday evening after a noon wake-up, followed by love-making and
the Planetarium in Golden Gate Park. They'd sat in the plush reclining
seats holding hands as the night sky came up indoors - Farrell learned
more than he ever thought he'd need to know about the planet Neptune.
Although you never knew - facts had a way of coming in handy.
They ended up sharing a short
drink at the Little Shamrock, the bar where they had met.
It didn't hurt that the winter
cold had lifted. Not that it was balmy, but anything above forty-five
degrees seemed a gentle gift. The wind and fog were both gone, and here
at dusk Wes was comfortable half reclining in the chaise outside,
wearing blue jeans and a sweater on Sam's tiny fenced-in deck,
surrounded by potted greenery, in the cupola created by three large
redwood trees. She'd handed him a perfect martini - gin had always
been, to Wes, the harbinger of summer - and told him she'd be out in a
minute to join him, as soon as she'd put the game hens on to roast.
Sam was making him dinner, a
first step into the heretofore dreaded return of the domesticity that
had failed him so miserably the first time around.
They had talked about the
implications of the dinner and decided they could risk it. Besides, Sam
had pointed out, it wasn't going to be just the two of them and Quayle.
Nothing that intimate. Other guests would be there to buffer the raging
magnetic attraction that was nearly ripping the skin off their bodies.
There was going to be some lawyer woman from her office, Christina, and
her fiance, another lawyer, Joe. And Sam's brother- remember Larry and
Sally? - would serve to balance out the lawyer ratio.
Wes sipped his drink. Sam thought
he might be nervous meeting all these people in her circle at the same
time. He supposed one day long ago this kind of situation might have
had that effect, but today there was nothing but a sense of the
exhilaration of new beginnings. Hope. It was great.
The door creaked. A hand on his
shoulder. The scent of her as she leaned over from behind the chaise,
laid a soft hand against the side of his face.
'You know what I can't believe?'
she said. She came around the lounge chair, holding her own martini.
Farrell loved a woman who drank like he did. He also loved the look of
Sam - the way she had filled her glass right to the rim, slurping at it
delicately to get that first taste, puckering her lips around it.
'Um-um.' She was wearing jeans, too. And a white sweater. And hiking
boots. She looked seventeen.
He smiled up at her. 'What can't
you believe?'
'I can' t believe that Pluto' s
going to be inside the orbit of Neptune for the next eleven years. So
it's not Jupiter, Saturn, Uranus, Neptune and Pluto anymore; it's
Jupiter, Saturn, Uranus, Pluto, and Neptune.'
'That wacky old solar system,'
Wes said. 'Just when you think you got it all figured out.' He moved
his legs off the recliner, patted it with his palm, and Sam sat, the
haunch of her leg tight up against him. He grinned at her. 'The good
news is that this is the kind of fact on which I believe we can make
some money.'
Larry and Sally arrived first.
The sun was down and Wes was back inside with Sam - another round of
gin poured and good smells emanating from the kitchen - everybody
already getting along, laughing about St Patrick's Day.
'Hey, the parts I remember were
great.' Larry, defending himself from his sister's mock attack.
'And how many parts do you
remember?'
Larry paused, considering. 'At
least two.'
'Including meeting Wes?'
He gave Farrell an appraising
glance, shook his head. 'I'm afraid that particular moment didn't make
the cut. Where were we exactly? No offense, Wes.'
'You had the T-shirt,' Sally said
to Wes. She was as tall as her husband, with long dark hair that had
gone about a third gray. Her friendly, attractive face showed more age
than Sam's. She also wore nicer clothes, some makeup, dangling earrings.
'That's what did it,' Sam
said.'The shirt. I saw that shirt and read the message and said,
"Here's a
guy I've got to meet.'"
'I thought it was how it fit me.'
That, too,' she said. That's what
I meant.'
'You guys.' Sally was smiling.
'No foreplay until after dinner. It's one of the rules.'
'What shirt?' Larry asked.
Farrell recognized them both
immediately. Shaking Joe's hand, taking in the woman - Christina
Carrera. Yep, it was her, no doubt about it. Not looking any uglier
either, he noticed. And it looked as though she'd found the right
guy. Joe Avery was tall and thin,
with an angular, clean-shaven face, shoulders a yard wide and no gut at
all. It wasn't fair.
'You're at McCabe and Roth,
aren't you?'
Joe included Christina. 'We both
are.'
'Not quite yet.'
'Close enough.' Then, placing
Wes. 'You've been to the office ...'
'No more than two, three hundred
times. Mark Dooher's my best friend.'
Christina snapped her fingers. 'That's
it.' Explaining: 'I knew I knew the name Wes Farrell. When
Sam told me... it's been driving me crazy. You go on camping trips or
something with Mark, right?'
'Occasionally. Retreats, we call
them.'
Joe Avery was looking a question
at Christina, but Sam was coming up, kissing her on both cheeks,
getting introduced to Joe. 'Okay, you lawyers, break it up. No
professional talk until we've all said hello. At least.'
The moment passed.
Sam and Sally were in getting
dessert and Larry had gone to the bathroom.
Joe turned to Christina. 'So how
do you know about these retreats?'
'Mark told me about them, one of
the first times we talked. I don't remember exactly. It just came up.'
She turned to Wes, hoping to deflect the line of questioning from Joe.
'He said you guys go out and get re-charged on life.'
Farrell shrugged. 'Mostly we
drink,' he said. Then, continuing to make light of it, 'Get away from
the day-to-day. Talk about what we believe in, in theory. Try to beat
the burn-out which you know, Joe, is a constant.' Wes drank some more
wine and smiled at Christina. 'You'll find out after you've been at
this business a year or so.'
Joe shook his head. 'I can't see
it with Mr Dooher... Mark. He doesn't seem like he's on the
burn-out
track. He's always geared up.'
'Joe, he's got to act that way,'
Christina, rushing to Dooher's defense, nearly blurted it out. 'You
don't want your managing partner moping around, making you feel like
it's all so hard.'
'Well, he doesn't do that, that's
for sure.'
'Yeah, but I think Christina's
right. He acts tough, but if you know him. ..'
Christina laughed. 'Don't tell me
he's a pussycat. A gentle heart, maybe, but. . .'
'No way,' Joe couldn't envision
it. 'Maybe with you guys, but I've worked for him a lot of years, and
Mark Dooher does not invite closeness.' Joe looked around the table,
perhaps realizing he was being too negative. He caught himself, nearly
knocking himself over backtracking. 'Although, lately, I must admit -I
don't know exactly what happened - he's been fantastic.'
'You got over the hump, that's
all,' Farrell said. 'You proved yourself.'
'Is that it?'
Farrell nodded. 'That's Mark. He
used to be too soft - one of the guys, you know. Didn't want to give
orders, set himself above anybody.'
Avery laughed. 'Well, he sure got
over that one.'
'Joe!'
'That's a fact, Christina. Say
what you want about Mark, being afraid to give orders isn't what he's
about anymore.'
Farrell stopped them. 'You're
responsible for ten people dying, Joe, it hardens you right up.'
In the silence, Christina finally
spoke up. 'What do you mean, dying?'
Farrell made a face. He hadn't
intended to bring this up. It was too personal. One of Dooher's true
ghosts. But to drop it now would only arouse more curiosity. Better to
downplay it - God knew it did relate to their discussion.
'Mark was in Vietnam,' he said.
'Platoon captain, about a dozen guys under his command. This being
Vietnam, as you may have heard, the guys smoked some dope.'
'Did they inhale?' Joe asked. 'Mr
Dooher smoked dope?'
Farrell shook his head. 'No, I
don't think so. But his men did.'
'So what happened?' Christina
asked.
'So Mark knew how bad things were
over there, and he knew the dope made it bearable for his troops -
regular guys pretty much his age - so he made an unspoken policy that
they had to be straight when they were going out on maneuvers, but
otherwise he wasn't busting anybody for a little dope. He thought it
was a reasonable rule and so everybody would follow it.'
'What was a reasonable rule?'
Larry, returning from the bathroom, didn't want to be left out.
Wes shortened it up. 'My best
friend happens to be the managing partner of Joe's law firm,' he said.
'We were talking about how he got to be such a hardass to work for. And
the answer is Vietnam. He didn't exert his authority, didn't take
charge. So when his troops went out on patrol, it turned out they were
stoned to the eyeballs and got themselves ambushed and most of 'em
died. I don't think he's ever forgiven himself for that.'
'Jesus.' Joe clearly wasn't used
to stories like this one. 'You get used to thinking in business terms,
how maybe somebody beat him in a deal or something, but this. ..'
'No, this wasn't like that. This
was real. So now he's more careful. He's got to be. Problem is - and
I've known him my whole life - underneath he really does want to give
people a break, but people, you cut 'em some slack once and next time
they expect it again, so they don't perform as well as they might and
that doesn't help anybody. So he's a bastard at the firm.'
'He is not.' Christina didn't
like the language at all. 'He is nothing like a bastard.'
Wes held up his hands. 'He's my
best friend, Christina. We're a little free with what we call each
other. He's been known to be less than flattering to me.'
'Who has?'
Sam was coming back in with a
large plate of cut fruit and cheeses. Wes rolled his eyes. They weren't
going over this whole thing again. Enough Mark Dooher, already.
'Nothing,' Wes said. Then: 'I've got five dollars that says Neptune is
the last planet in our solar system.' He winked at Sam.
'No, it's Pluto,' Joe said.
'It is Pluto.' Christina
was sure, too. Larry and Sally were nodding in agreement.
Wes extended his hand out over
the table. 'Five bucks,' he said. 'Just slap my palm.'
'That was cruel,' Sam said.
The guests had all gone home. She
and Wes were having some Port, sitting on the loveseat they'd pulled in
front of the wood-burning stove. Quayle was curled over her feet.
'Cruel but cool,' Wes said, 'and
we did make fifteen dollars; it could have been twenty if Sally had
ponied up her own five.'
'They're married,' Sam said.
'Married people never do that.'
'I remember.'
A piece of wood popped in the
grate. Wes raised his glass to his mouth and realized he'd had enough
tonight - gin, wine, Port. Maybe for tomorrow, too. The silence
lengthened.
'You all right, Wes?'
He brought her in closer against
him. 'I'm fine.'
'"Fine" isn't the strongest word
in the dictionary.'
'Okay, I'm ecstatic.'
'This wasn't too much tonight -
the family stuff, dinner at home?'
He had to chuckle. 'I assure you,
this wasn't anything like any dinner I've ever had with Lydia, at home
or anywhere else. In the first place, you can cook.'
'I'm not pushing anything,' she
said.
'I know, not that I couldn't
handle a little of that, even. But it was fun. I had a great time. I
enjoyed your brother and sister and thought your friend Christina was
charming and lovely and I think you are fantastic, although I'm not
absolutely sure I'm going to respect you in the morning.'
She put her own glass down, took
his hand from where it rested on her shoulder and placed it on her
breast. 'I hope not,' she said.
'Let's go find out.'
At about the same moment that Wes
Farrell was enjoying his first martini that evening, Mark and Sheila
entered St Emydius church to attend Saturday-night Mass.
They walked together down the
center aisle and chose a pew about ten rows from the front. There were
more than fifty people in the church, a good showing. The congregation
had come early to take part in the Reconciliation Service, which had
for most Catholics replaced the old, often-humiliating sacrament of
Confession. Now, sinners were offered an opportunity to reflect on their weakness, privately
resolve to do good, and then be communally absolved of any guilt
without having to confront another human being or suffer the minor
indignity of a formal penance.
Today, though, before the priest
had come on to the altar to begin the Reconciliation Service, Mark
leaned over and whispered to Sheila that he was going to use the real
confessional, which was still an option. 'I'm old fashioned,' he said.
'It does me more good.'
He didn't know what priest would
be sitting in the confessional, but there was a good chance he'd know
Dooher, and vice versa. All the priests at St Emydius knew him. Maybe
not, though. Often a visiting priest would get the chore of Saturday
Confession.
Dooher would let fate dictate it.
He nodded his head, made the sign
of the cross, stood up and opened the confessional door. The familiar
smell of it - dust and beeswax - filled his soul, as did the comforting
darkness. Then the window that separated him and the priest was sliding
open. The man recognized him immediately.
'Hello, Mark, how are you doing
today?'
It was Gene Gorman, the pastor,
who'd been to the house fifty times for poker, for dinner, for
fundraisers, who got a bottle of Canadian Club every Christmas, who'd
baptized Jason, their youngest.
Dooher paused. 'Not so good, I'm
afraid,' he whispered. He let the silence gather. Then: 'I don't want
to burden you, Gene.'
'That's what the sacrament's for,
Mark.'
Dooher hesitated another moment.
Hesitation heightened the gravity of things. 'Would you mind not using
my name? Is there someone in the other stall?'
The confessionals at St Emydius,
as in most Catholic churches, had three compartments - one in the
middle for the priest, and one on either side of him for the
repentants. This time the hesitation came from Father Gorman. Dooher
heard him slide open the window on the other side, then close it. 'No,
we're alone. You can begin.'
The old words, the ritual he so
loved. Again he made the sign of the cross. 'Bless me, Father, for I
have sinned.'
John Strout, San Francisco's
coroner, was a gangly Southern gentleman of the old school. He had a
prominent Adam's apple, a perennially bad case of dandruff in his wispy
gray hair, poor taste in clothes, and a pronounced Dixie accent. He was
also, rube or not, one the country's most respected forensics experts,
and now he was taking a morning walk with Glitsky through the debris
and detritus of south-of-Market San Francisco.
It was Monday morning - sunny,
breezy, and cold. Strout was, of course, a medical doctor, and - after
a lifetime of bad morning coffee and stale donuts - had recently been a
convert to the theory that a healthy breakfast was the key to a long
life and perhaps even more luxuriant hair growth. Like all good
converts, he had found the truth and was going to spread the word
around, goddamn it. Like it or not.
So, whenever feasible, he'd taken
to briefing cops and DAs about his forensics reports over breakfast in
one of the city's eateries. It never occurred to him that discussing
the finer points of often-gory violent death, complete with color
photographs, might not be particularly conducive to stimulating the
early-morning appetite.
It did occur to Glitsky.
Strout had finished the PM on
Victor Trang on the previous Friday afternoon, and Glitsky had -
atypically, in Strout's experience, probably because of his troubles at
home - said he'd be free to discuss the results first thing Monday
morning. Let the weekend intervene. Why not?
'I'll just look at the pictures
while we're walking here, if you don't mind, John.' With a show of
reluctance, Strout handed over the folder, and put his now-empty hands
into the pockets of his greatcoat against the chill. 'What do we have?'
Abe went on. 'Any surprises?'
'Well, as a matter of fact...'
Glitsky closed the newly opened
folder. 'What? I'll listen first.'
'Surprises may be too strong a
word, but the deceased here got himself gutted by a pig sticker of the
first order.'
'Pig sticker?'
'Knife.'
'A pig sticker is a certain kind
of knife?'
Strout's expression betrayed a
certain intolerance. 'Damn, you Yankees ... pig sticker means knife.
Genetically. Victor Trang got stabbed by a big knife, is that clearer?
And not just any big knife, something like a Bowie or my own favorite guess, a bayonet.
Y'all familiar with the term "bayonet"?'
Glitsky played along. 'I've heard
of it. Made by the Swiss Army people, right? Whittling tool.'
'Yeah, that's it, 'cept the large
version.' Strout put a hand on Glitsky's arm and stopped him as they
walked. 'Open the file,' he said. The breeze gusted and they moved into
the entrance of an office building, out of it. 'The photos.'
Glitsky followed instructions,
flipping over glossies of the murder scene, the body as he'd found it,
then as it looked from various angles stripped on the morgue table.
Finally Strout put his finger on one. 'There you go. That one.'
It was a color close-up that
Glitsky recognized all too soon: the wound itself, after the area had
been washed - long and wider than most knife-wounds he'd been witness
to.
'You see there?' Strout was
saying. 'Right at the top?'
Glitsky squinted, not clear what
he was supposed to be seeing. Strout moved in closer, put his finger on
the area over the top of the gash. 'Right here. You see that half-moon?
The little circle under it? Know what that is?'
Glitsky took a second, then
guessed. 'It's an imprint from the haft of the knife.'
The coroner was pleased. 'I must
say, it is a pure pleasure to work with a professional. That's exactly
what it is. The perp stabbed him so hard and so far up, the haft left
this little fingerprint, which is pretty damn distinctive, you ask me.
Actually cut into the skin above the blade area. I wouldn't put my name
on it as a definite,' - this was because he could never prove it for
certain and some attorney might discredit his entire testimony if he
wasn't one hundred percent positive and correct on every detail - 'but
between us, this could be nothing but a bayonet.'
Strout reached inside his
greatcoat and extracted a folded brown paper shopping bag. 'As a matter
of fact...'
'You just happen to have one
handy.'
This wasn't as unusual as it
might have appeared. Strout's office contained an impressive collection
of murder weapons from throughout the ages - maces, crossbows,
garrotting scarves, sabers, handguns and Uzis. And, apparently,
bayonets.
He withdrew it from the bag,
hefted it affectionately, and handed it to Glitsky. 'I thought I'd cut
my steak with this at breakfast. Make an impression on our waiter. But
look.'
Abe was already looking. It was,
as Strout had noted, a pig sticker of the first order. Where the blade
met the handle of the knife was an oversized steel haft with a
half-inch circular hole through the metal.
Strout was pointing again.
'That's where it connects to the mount of the rifle.' Then back to the
picture. 'It's also why there's that kind of double circle - the top of
the haft, then the punch-out area . . . couldn't really be any thing
else.'
'How common are these things, you
think?'
Strout shrugged. 'Well, they
ain't exactly Carter's Pills, but anybody wants could get ahold of one.
Army/Navy stores, gun clubs, mail order, good old paramilitary-type
boys saving our country from the government... your guess is as good as
mine. Round here they probably wouldn't be as common as, say, in Idaho
or Oregon, but you'd find 'em.'
'Also, ex-Army,' Glitsky said.
Suddenly, he experienced a small jolt of connection. Mark Dooher.
Vietnam and his dead troops. He closed his eyes, trying to re-visualize
the photograph he'd seen in the attorney's office, whether there might
have been a bayonet mounted on any of the many weapons displayed. He
couldn't see it, couldn't bring it back.
But Strout was going on.
'Actually, Abe, that might be a tougher nut. If memory serves, they
take your weapons away when they muster you out. 'Course, you could
smuggle 'em ... people probably been known to.'
Rubbing his thumb over the
bayonet's blade, Glitsky nodded. 'I don't think so,' he said. 'That
would be illegal.'
After his Monday-morning
breakfast meeting with John Strout, Glitsky had planned to get right on
the Trang investigation - murders that didn't get solved in the first
couple of days very often never did. But when he'd come back to the
office, there had been another homicide. He had been on call last week,
so normally this would have been someone else's problem, but this
week's Inspector had called in sick and gone salmon fishing, and
Glitsky appeared just as his Lieutenant, Frank Batiste, had despaired
of finding an Inspector to assign.
Apparently, a fry cooker who'd
been fired from a Tastee Burger in the lower Mission had returned to
the scene of his humiliation and gone Postal - a new expression Glitsky
loved. The ex-employee naturally killed none of the people with whom he
had a gripe. He did, though, by mistake before he killed himself, end
the life of a seventeen-year-old high-school student who'd stopped in
for a hot chocolate. This new homicide brought Glitsky's workload to
seven active cases, and put him inside and around the Tastee Burger for
the rest of the day.
Now it was just before noon on
Tuesday and finally he was at Mrs Trang's clean but cluttered apartment
with Paul Thieu, his enthusiastic interpreter.
Victor's mother had been
Glitsky's first choice of where to begin asking questions, but like so
many other of his plans lately, this one hadn't panned out. He had
respected the fact that she had been too distraught to talk in the
immediate aftermath of her son's death. Then there had been the wake
and funeral. This morning was the earliest they could get together.
The apartment was a study in
lace. Every smooth surface was covered with some type of crocheted thing
- a doily or hankie or tablecloth. There was lace over the back of
the overstuffed couch that Glitsky and Thieu were directed to, lace
over the coffee table, on the end tables under the lamps and
photographs, on the television set, under the phone on the little hall
table. A feeble sunlight
struggled to
pierce a veil of web-like lace drapery covering the front windows.
Trang's mother was petite and
weathered, with flat gray hair and a shapeless tiny body, made more so
by its enclosure in an oversized man's black business suit, over the
shoulders of which she had thrown a crocheted white shawl. She offered
them small flavorless cookies of some kind and coffee - near boiling,
chicory-laced and appalling to Glitsky's taste, but Thieu sucked the
first cup right up, black, and accepted a second. She sat still as a
rock at the coffee table, responding to his opening expressions of
regret in a patient and compliant way, without any interest. Her life,
along with her son's, was apparently over.
But now, finally, he was getting
to it. 'And the last time you saw your son was?'
He waited for Thieu to interpret,
listened to the woman's inflection as she answered, trying to piece
something in advance from sounds alone, but the tonality was too flat.
Thieu nodded to Mrs Trang, then turned to him: 'She saw him the day
before he was killed, but talked to him that night, that evening, after
dinner sometime. She's not sure exactly what time.'
Glitsky pretended to scribble on
his pad and kept his face impassive, his voice low and conversational.
'Paul, would you please just say the words she says, exactly? Don't
tell me what she says. Say what she says.'
The younger man nodded, then
swallowed, suitably chided. 'Sorry.'
'It's okay.' He sat forward on
the couch, spoke directly to the mother. 'Mrs Trang, how did Victor
seem to you the last time you saw him?'
Thieu translated. The wait. 'He
was hopeful. We had a nice dinner. He tries to come over at least once
a week, on Sunday, sometimes more. He...' She paused and Thieu waited.
'It saves him money to come here and eat, I think. He has taken a
little while to start making money as a lawyer, and he felt that he was
about to make a lot.'
'And how was he going to do that?'
'He had a client who was suing
the Archdiocese, and he said they - the Archdiocese - had offered to ..
.' Thieu listened, turned to Glitsky. 'She's apologizing to me,' he
said. 'She doesn't know the jargon.'
Glitsky pointedly ignored Thieu.
'That's all right, Mrs Trang, just do your best.'
She came back to him, began
talking again. Thieu picked it up: '. . . to settle it... before going
to court. They were not going to go to court and he thought he would
make a lot of money.'
'He was pretty certain of that?'
'Yes. He seemed very sure, very
hopeful. But also worried.'
'What about?'
'That it wouldn't happen. That
something would go wrong.' A pause. 'As it has.'
'Did he say what might
go wrong? What he was worried about?'
'That this was a lot of money,
and the Church might use ... connections ... in the court, perhaps, so
that even though Victor was right, even if the law was on his side,
they could stop him.'
'Did you think he meant
violently?'
'No. Now, I don't know. Maybe so.'
'How much money was he talking
about?'
'He didn't say exactly. Enough to
pay off his loans. He thought he would move his office, get a
secretary. He wanted to get me a new place.' She motioned around their
cramped quarters. 'Buy me some new clothes.'
'Okay, then, how about the next
night, when he called? Did he call or did you call him?'
'He called me. The attorney for
the Archdiocese ...'
'MarkDooher?'
'Yes, I think that was his name.
He had called Victor and asked him to stay in the office to wait for a
phone call, and they were going to offer more money that night.'
'Did he say when he'd gotten that
first call, from Dooher?'
'I thought it was just then, just
before he called me.'
Glitsky made a note on his yellow
pad. There would be a phone record of the precise time.
Mrs Trang said a few more words,
which Thieu related. 'It's why he stayed late.'
'Would he have called anyone else
about this, to tell them, perhaps, about the possible settlement?'
'No. I wanted to call my sister
and tell her and he told me to wait, that he was going to wait, too.
Not to talk to anyone until it was done. He didn't want to ...' Thieu
frowned, trying to find the right word '... to bring it bad luck, to
jinx it. He told me this.'
'But that doesn't mean the
girlfriend or somebody else didn't just happen to drop by.' Thieu
wanted to talk about it. Still and always.
Glitsky was driving the unmarked
Plymouth back to Trang's office, trying to keep from jumping to
conclusions, glad he didn't usually work with a partner. He was coming
to believe that entirely too much credence was given to the round-table
discussion. Sometimes - a radical idea in this bumptious age, he knew -
but sometimes solitary contemplation did produce results.
'It had to be somebody he knew,
right?' Thieu persisted. 'It wasn't a robbery - nothing was missing.'
'We don't know that. We don't
know what was there to be missing.'
'I mean his wallet, personal
effects ...'
'It might have just been
botched.' If Thieu wanted to play these games, Glitsky could at least
make them instructive. 'Guy's in there and Trang comes back from
dinner...'
'He didn't leave for dinner.'
Paul had done his homework. 'The autopsy didn't find anything in his
stomach.'
'So he came back for his keys or
something. Or went to mail a letter. If he left, though, and came back,
discovered the perp burglarizing the place, who killed him, then
decided he'd better split...'
'That didn't happen,' Thieu said.
'No, I don't think so either. But
it could have, which is my point. What I think is what you think - a
strong male who knew him killed him.'
'Dooher?'
'Maybe, or maybe one of his
clients. Maybe one of the people he was hassling for business.' Abe
gave the other man a sidelong glance. 'That's what they pay us for, to
find out.'
Trang's office didn't look much
better in the daytime, and to Thieu it felt worse. The crime-scene tape
was still across the door. Inside, the way it had been left by the
Forensics and Homicide teams on Friday night created a sense of
abandonment that, to Thieu, was overwhelming.
He noticed that none of whatever
weak sunlight there had been outside made it into this cavern. Ever.
Glitsky had zipped up his flight
jacket. His breath showed in the chill. He crossed to the one window -
the black hole of the other night - and opened it into the brick of the
building next door, about four inches away. He stuck his head out and
looked up, down, sideways. 'If the perp came through here,' he said,
'he is one skinny dude.'
It was the first even remote
touch of levity Thieu had heard from the Sergeant. Emboldened by it, he
dared ask another question. 'What are we looking for?'
Glitsky had moved back to the
desk, was sitting in the library chair. He motioned to four cardboard
boxes lurking in the corner with manila file folders visible in them.
'Anything. Why don't you start by looking through those boxes?' Thieu
shrugged - the well of Glitsky's humor was proving to be relatively
shallow - and went to work.
The files weren't alphabetically
arranged, and he'd gone through the first three of them - notes from
law school! - when he heard a click and a hum behind him, and turned to
see Glitsky at the computer, legs stretched out, arms crossed, scowling
at the monitor. After a minute, the Sergeant sat forward and began
clicking the mouse.
Thieu left his boxes,
straightened up and came around behind him, resolving to ask no
questions, though it wasn't his style not to ask. He liked people and
believed that the truth emerged from a full and free discussion of
ideas and theories. Also, it had been his experience at UCLA that
asking professors what they wanted was how you found out what to give
them. It wasn't any mystery, just simple communication. And then at the
Academy it got drilled into them that you should just ask
questions and senior officers would always be happy to help
you.
He didn't think anybody had
briefed the Inspector here on that part.
The monitor was scrolling the
pages of a document that was evidently some kind of an organizer.
Glitsky got to the day of Trang's death, a week ago yesterday now, and leaned
forward. 'Look at this,' he said.
Thieu already was. There were
four entries:
10:22 - called MD, told him
need answer by COB today or filing tomorrow. $3.00 million.
1:40 - MD message. I called
back. He was at lunch. WCB.
4:50 - MD callback. F. out
till 6. Extension till midnight tonight okay.
7:25 - MD from F's. Settlement
possible. Offer $$ still unresolved. Midnight firm.
Thieu couldn't stop himself. That
last one, that's when he called his mother. Who's "F"?'
Glitsky was scrolling backward
now, eyes on the screen. 'The Archbishop,' he said. 'Flaherty.'
As expected, it didn't appear
that Victor Trang had had a lot of business. The screens reflected few
clients, appointments or telephone numbers. At the screen for a couple
of weeks earlier, Glitsky stopped on another screen: MD, $600KH!
Declined.
'That's something,' Thieu said.
Glitsky nodded. 'Youbetcha.'
'He turned it down?'
'Looks like. I guess he thought
he could get more.'
There was an answering machine
with calls from Trang's girlfriend, Lily Martin, and Mrs Trang and Mark
Dooher and Felicia Diep, all wondering if Victor were there, why he'd
not called back, would he please call when he got the message.
'Dooher?' Thieu asked. They were
heading back downtown where Glitsky was to talk to Lily Martin, who'd
volunteered to come to the Hall of Justice for an interview. 'I'd just
bring him in and grill him.'
'About what?'
'About what? About all this is
what!'
'This isn't anything, Paul. This is
squat. We are nowhere yet on this.' He didn't really want to bite
off Thieu's head. After all, what the man was saying could be correct.
But there was, as yet, no evidence that it had been Dooher, not even
enough to insult him by asking him pointed questions. And Glitsky was
still smarting from his fiasco with the undoubtedly guilty Levon
Copes, where he had just known what had happened. He wasn't
going to make the same mistake here. But he was really being an
unnecessary hardass. He didn't want to burn the kid out before he even
got lit.
Although he knew he wouldn't
require any translator with Lily Martin, Glitsky decided on the spur of
the moment to invite Thieu to remain for the interview with her.
Besides, Glitsky knew there was a chance he might need him again.
'Let's talk to the girlfriend first, Paul. See what she's got to say.'
'One million six hundred thousand
dollars was the settlement figure. Which was . . . would have been . .
. five hundred and thirty-three thousand for Victor.'
Lily Martin was absolutely
certain.
She was conservatively and,
Glitsky thought, inexpensively well dressed, and she spoke English
perfectly, having been in this country since she was four. Her father,
Ed Martin, had fought in Vietnam, married her mother over there and
brought them all back here. Now she was twenty-five. Working, as she
did, as a junior accountant doing her internship with a Big 8 firm, the
money angle was no mystery to her.
'Victor's mother said he told her
he wasn't going to call anybody to tell them,' Abe said gently. 'He
didn't want to jinx the deal.'
'He didn't call me -I called him.
Like a minute after he got the call.' She broke a brittle smile, which
cracked almost immediately. 'This was going to be the start of our
life, of everything. Of course I called him.'
'That night? Last Monday?'
'Yes.'
'And what did he say?'
'He said that Mr Dooher had just
called from the Archbishop's office, and he wanted ... before he
presented a final number to the Archbishop... he wanted to run it by
Victor to see if they were going to be in the ballpark.'
'And that number was ...?'
'What I just told you, Sergeant,
a million six.'
'I just want to get this
straight, ma'am. Dooher told him they were going to be talking in that
range?'
That's right.'
'And if they - Dooher and
Flaherty - if they didn't come through?'
'Then Victor was going to file,
but he didn't think... no.' She folded her arms, too quickly, over her
chest. Glitsky recognized the classic body language - she'd decided to
clam up about something.
'No, what?'
'Nothing. I'm sorry. Go ahead.'
The interrogation room was small
and windowless. There was no art on the walls. The furnishings
consisted of three folding chairs around a pitted wooden table. This
setting could play on the nerves of even the most cooperative witness.
The air got stale. People froze, imagined things, got weirded out in
any number of ways.
Suddenly Glitsky leaned back,
straightened, shook his shoulders, getting loose. He lifted the corners
of his mouth, scratched his face. Finally, there was the trick he did
with the eyes, letting them go out of focus. He fancied this made
people think there was something soft in there. He turned his head
to include Paul Thieu. 'How about
if we all take a break, get a cup of tea or something?'
'So then, after you talked this
night.. .?'
'He was going to come to my
place. He asked me not to call again - Dooher might be there. He'd call
when he knew, or when it was over.'
'And when he didn't?'
'I just thought it must have gone
real late. He just went home. I waited all the next day at work, but no
call. I tried his office, his home . . . even Mr Dooher's office.'
'And what did he say?'
'He didn't talk to me.' Glitsky
and Thieu exchanged glances. Lou the Greek's seemed unusually
cavernous, nearly empty here in the mid-afternoon. It provided a better
environment for talking than the tiny interrogation room at the Hall.
'So eventually I went by the office and knocked, but there wasn't any
answer. Of course.' By now she was sniffling occasionally into a
napkin. 'And then I called the police.'
Glitsky kept it casual. 'Why
wouldn't Dooher talk to you?'
She shook her head. 'I don't
think it's so much he wouldn 't, he just didn't. His secretary
took my message, which was that I was a friend of Victor Trang's and
did he have any idea where Victor was? Had he seen him? Then she called
back and said he was concerned, too. Maybe we should both call the
police. So that's where I left it.'
Glitsky was tearing his own
napkin into tiny bits and piling them neatly on the table. 'Ms Martin.
Upstairs a while ago there was something you didn't want to talk about,
about the settlement with Dooher...'
She cast her eyes to the ceiling
and sighed deeply. 'Okay,' she said.
That night, at the Glitsky home,
it was almost the way it used to be. His sons were watching television,
perhaps even doing some homework to the mindless background, in the
bedroom shared by the two younger boys.
Flo was feeling better today. It
went up and down. But tonight it was way up. She was dressed in tight
bluejeans, gold sandals and no socks, a maroon blouse. Diamond stud
earrings and a brush of makeup, a light touch of lipstick. A maroon
scarf artfully curled around her head to hide the hair loss.
The nurse was off at night. And
Flo had sent Glitsky's dad back to his home. She told him he needed
some time for himself. He should take in a movie, go solve one of the
mysteries of the Talmud.
Nat must be sick of taking care
of things here and Flo was able to cope today. Who knew how long it was
going to last, but for now - maybe a couple of days, maybe more - she
craved some semblance of normalcy for them all.
And somehow - she was a genius -
she'd done it. Created that feel. Made dinner of stuffed flank steak
(everybody's favorite), home fries with onions and peppers, broccoli and cheese
sauce, vanilla ice cream over cherry pie. 'You know, I just never seem
to worry about cholesterol anymore.'
Jokes yet.
Now she was rinsing dishes -
about a freightcar full - piling them carefully in the dishwasher.
Glitsky sat on the counter next to her, telling her about his day, just
like old times, about what Lily Martin had suddenly gone quiet about,
which was that her boyfriend never really thought he would win the
lawsuit if he filed it.
'You mean he was basically trying
to extort money from the Church?'
'Lily didn't want to put it so
bluntly, but essentially, yeah.'
'That is scuzzy.'
Glitsky shrugged. 'He's a lawyer.
Was a lawyer.'
'You think that's why he got
killed?'
'Just because he was a lawyer? I
don't know, Flo, that's a tough theory. There's lot of lawyers out
there and many of them are alive.'
She gave him the eye. 'Because of
the deal, Abraham.'
He temporized. 'I don't know yet.
I think it might be possible.'
Another look. 'Sergeant goes out
on limb. Film at eleven.'
He smiled at her, his real smile.
My problem is this: so what? This guy Dooher may have had all this
against Victor Trang, but you don't go out and kill somebody who's
suing your client. And this killing was personal.'
'How about if you thought you
might lose your client if you lost?'
'But they weren't even playing
yet. Nobody was going to lose that big. They were settling.'
'Maybe the client wasn't happy
about the settlement terms. They'd go with this one because they had
to, it had gone too far, whatever - but afterwards they fire the
lawyer. Or he thinks they might.'
'So he kills the guy?'
Abe shook his head. 'I just don't see it. It doesn't make any sense.
Besides, this lawyer we're talking about, Dooher, he's managing partner
of a big firm downtown. He's been at this all of his life. He's not
going to kill a professional adversary over a case. Besides, they lose
a case, they lose a client, it's not the end of the world. His firm's
probably got a hundred clients.'
'Only probably? You didn't check?'
Glitsky had to smile. 'Yeah, Flo,
in my free time I ran a D&B on them. Firms don't usually run on one
client.'
Flo shrugged. 'Okay, so who then,
if it's not money?'
'I know. I just hate to see a
money motive go nowhere.'
She put the last dish into the
dishwasher, closed it up, and came to stand in front of her husband,
between his legs. She put her arms around him. They kissed.
'I remember that,' Glitsky said.
Flo nodded toward their bedroom.
'Race you.'
For a half-hour, he'd forgotten
all about real life.
Then she was breathing regularly
and he was back in it. The clock said 9:45. It was a school night - he
had to get the boys down to bed. He had to move, but if he didn't,
maybe it would all just stop right here, where he was, where they all
were.
She shifted slightly. 'Abe?' Not
sleeping after all. 'Find somebody else. Promise me that.'
There was a tremor, a tic, above
his eye. The muscle of his jaw tightened. The scar through his lips
went white with a surge of anger so sharp it grabbed his next breath.
'I don't want to talk about it.'
He stood. 'It's time I got those kids to bed.'
Christina knew it had happened at
the dinner on Saturday at Sam's ... its aftermath.
On the drive back to her
apartment, Joe going on and on. How could Christina think she knew Mark
Dooher so well? What was with the two of them? Where did she get off,
saying he was nothing like a bastard? And while they were at it, what
was the real story behind her knowing about these retreats
with Dooher and Farrell?
And she'd closed her eyes, too
tired to fight him anymore, to explain, to care. The certainty had come
in a flash - that Joe wasn't right for her, and all the rationalizing
and wishing in the world wasn't going to change that.
He would never be right. She
didn't love him.
There had been early admiration,
then a desire born of curiosity, followed by a leap of faith. But the
fact was that she didn't feel much about him one way or the other.
Except when he started talking about /acts. And even then she
didn't hate him - she just found him irritating and boring.
Pleading a headache, she'd gone
into her apartment alone, said she'd call him when she felt better.
Which wasn't Sunday. Then on
Monday he'd flown to LA and stayed overnight. She'd been out both
nights, studying. She'd come home and listened to his petulant messages
and it all got clearer.
Now, Wednesday morning, she stood
at his office door. He was, as always, hip-deep in work. Ear stuck to
his telephone, he was signing something and reading something else,
passing paper to his secretary, who hovered beside him with a notepad
and an expression of exasperated fear.
Yep, Christina thought, Joe is
going to make it.
Fate sealed the decision. At that
moment Joe reasonably spoke into the telephone: 'I don't think you've
got all your ducks lined up, Bill, and that's the plain fact of it.'
She came forward into the room.
Seeing her, Joe held up one finger, pointed at the phone and smiled as
though she were a client he'd been expecting. He mouthed, 'Be right
there.'
She sadly shook her head and put
the envelope containing the ring and her letter on his desk. Patting it
once, she turned and walked out.
'I feel like a coward, just running out like that. I should have faced him.'
'And said what?'
'I don't know. Told him.'
'Would he have listened?'
'Maybe to the fact that I was
leaving him. Maybe that.' She looked out at the whitecaps pocking the
blue bay, sailboats half-keeled in the breeze, San Francisco in the
distance, the Golden Gate beyond the Sausalito curve to her right. At
Sam's expression, she laughed. 'No, you're right. Not even to that. And
that look isn't fair.'
'What look? And I didn't say
anything.'
'You know what look. And you
didn't have to.'
They were at Scoma's, having
taken the ferry to Sausalito. Sam had two experienced volunteers
working at the Center and decided she could afford a few hours off. For
her part, Christina, after leaving her envelope, had been tempted to go
to Dooher's office and tell him about it, but thought it would smack of
leading him on, which she flatly wasn't going to do.
To what end? He'd made it clear
he was married, not interested in her in that way. And what a relief,
really, though she did think he was terrific.
She sometimes thought every other
man on the planet was incapable of seeing who she was inside. But not
Mark. He simply liked her, who she was. It was a joy.
She was aware, however, that her
decision to break off with Joe had come about because she'd been unable
to avoid contrasting the younger man to Dooher, with his heady mix of
physical good looks, substance, experience, power, and humor. She
decided that her growing friendship with him would be the litmus test
for the kind of relationship she would eventually ... not settle for,
as
she had with Joe. But settle on. Someone of Dooher's quality, if he
could be found at all. It might take a while.
But that was the other thing, the
other wonderful result of this friendship with Mark Dooher - if some
other man didn't come along to validate who she was, it didn't have to
be the end of the world.
She was trying to explain this to
Sam. 'I don't know why it took me so long to realize. Sometimes I think
about the only man who's ever liked me for me, besides my dad, is Mark.'
Sam, mopping up the perfect Dore
sauce with the perfect piece of fresh sourdough bread, was
matter-of-fact. 'It's the curse of fabulous beauty.' She raised her
eyes. 'I'm serious.'
Christina knew better than to
flutter her lids with false modesty. 'Well. But now at least I'm
getting a glimpse that maybe I'm worth something by myself.'
'As opposed to?'
'I don't know. The lesser half of
some guy I happen to be with?'
'The trophy?'
Christina nodded. 'On some level
it's flattering. Or something. So I let it happen -I become the person
they want me to be.'
'It's tempting, that's why. It is
flattering. It's also what everybody's always taught you. You want
to please. You're hard-wired for it. So it gets internalized.' Sam mopped more
sauce. 'I cannot make a sauce this good at home. How do they do this?'
She took the bite, chewed a moment, sighed. 'It's one of the hard
truths.'
'The sauce?'
Sam laughed, shook her head.
'What sauce?' Another laugh. 'I'm all over the place, aren't I? No, the
hard truth about who we are. I went through the same thing about ten
years ago.'
'I think you've lost me. What
same thing?'
'This decision that I wasn't what
some man thought I was.'
'And you did it, just like that?'
'No.' Smiling again, she held up
a finger. 'But I tried. I acted that way for all the world to
see. Got my heart broke four or five times. Got bitter and cynical
about men. But I did get better about me. I think. Eventually.'
Christina nodded. 'Well, I'm not
going back. Not the same way. Not to another Joe.'
'Good. Hold on to that feeling.
You're going to need it when it's been six months. You get a little
lonesome. Trust me on this.'
'I think I can handle lonesome.
I've done lonesome before. The difference was that lonely was always
clearly the time between one guy and the next guy. Now, I think I'll
cultivate some friendships.'
'Friendships are good,' Sam said.
'As long as you don't get confused.'
'You mean Mark Dooher?' Christina
shook her head. 'No. He's not like that.'
Sam raised an eyebrow. 'He's not
a sexual creature?'
'No.' She laughed. 'He exudes ...
confidence that way, I suppose. But he's married. He's happy. He's got
it in balance. He's never come on to me in any way. In fact, more the
opposite. Hands off. Be a person first. It's great, actually.'
'I've got to meet this guy. Wes
thinks he's God, too.'
'Speaking of...'
'God - or Wes?'
Christina nodded. 'MrFarrell.'
'I'm afraid I let lonesome get
the better of me and pursued him a little more, uh, recklessly than I
would have liked. Now I like to think we're moving cautiously toward
friendship, but we've got a ways to go before we get beyond
superficial.'
'Which isn't so bad, is it?'
Sam shrugged. 'I don't really
know. That's the funny thing. It makes me a little nervous - what we've
been talking about all day here. There's no way I'm investing any of
this,' she tapped her heart, 'until I know him better.'
'Until you know it's real.'
Sam's face was a kaleidoscope of
emotions. She nodded sheepishly. 'That's always the question, isn't it?'
Glitsky really hated it when
he
talked himself out of a plausible murder suspect, and that's exactly
what his two talks - the one with his wife and the other with Paul
Thieu - had accomplished.
Not only did he lack any physical
evidence pointing to Mark Dooher as Victor Trang's killer, but - as he
had told Flo - there was no reasonable way that a successful corporate
lawyer was going to stab another lawyer to death over the terms of a
possible settlement. That solution, much as he would love it if it did,
just didn't scan.
So he was going to have to get
another approach, and to that end he had dropped in on Paul Thieu in
Missing Persons and asked him to call Felicia Diep and set up an
appointment for some time, if possible, before afternoon tea.
In the meanwhile, Glitsky went
upstairs to Homicide.
The room looked as it always did
- a large open area with twelve desks, no more than three of them
occupied at any one time; the doorless corner cubicle 'office' of the
Chief of Homicide, Lieutenant Frank Batiste; two massive dry wall
columns papered, stuck and tagged with every poster, fax, ammo sale
notice, car repo slip, random prostitute's phone number - and so on -
that had crossed some Inspector's desk in the past four years or so and
which, at the time, had seemed too important, funny, or unusual to
simply discard in a waste basket.
Glitsky's desk was next to one of
these columns. He pulled his chair in, crossed his arms behind his
head, and put his feet up. His eyes came to rest on the Xeroxed note at
his eye level: Don't let your mouth write a check your ass can't
cash.
He let his chair back down,
trying to will away the nagging sense that he shouldn't stop
concentrating on Mark Dooher who was, in some ways, the least likely
probable candidate for the murder. But for just that reason ...
Instinct counted. That was the
problem. Glitsky's instincts were screaming something that he couldn't
prove - Trang's murder
had to have
been personal. Someone had
hated him passionately.
And that element just didn't seem
to be there with his business adversary, Mark Dooher. So Glitsky should
stop wasting energy on him. Except if Trang represented something
Dooher hated passionately. Like Vietnamese people.
No. Forget that. He had a lot of
other work, six other pressing homicides.
It might, after all, be the
girlfriend, Lily. Girlfriends always had a motive or two. And Lily
stood to benefit if Trang accepted Dooher's settlement. Maybe she'd
gotten mad at him when he hadn't? Yesterday he'd told himself that no,
she was too small; she could never have held Trang up. But - sudden
thought - what if she had another boyfriend? She'd known
Victor was alone in the office. He'd overlooked that. If she sent
boyfriend number two over . ..
'Abe - got a minute?'
Frank Batiste stood in the
doorway to his cubicle. The Lieutenant and Glitsky had come up together
through the ranks. Both were nominal minorities - Glitsky half-black,
Batiste a 'Spanish surname' - and both had elected to disregard any
advantages, and they were legion, accruing to that status in San
Francisco. It had created a bond of sorts. And although Batiste
currently outranked Glitsky, they'd been in the department the same
number of years and felt like equals.
So Glitsky got up and by the time
he reached the doorway, the Lieutenant was sitting behind his desk.
'What's up, Frank?'
'Come on in. Sit down. Get the
door.'
A joke, since there was no door.
Glitsky took the folding chair across from the desk. Batiste pulled a
pencil from his drawer and began tapping the table. 'So you know how to
tell the prostitute in the Miss America contest?'
'I'm afraid I don't, Frank.'
'She's the one with the banner
reading I-da-ho?
The one saving constant in the
office, Glitsky thought. Somebody's always got a dumb joke. And Batiste
was on a roll. 'Okay, another chance for you: you know the difference
between Mick Jagger and a Scotsman?'
Glitsky broke a small smile. 'I
give up.'
'Mick Jagger says "Hey, you, get
offa my cloud," and the Scotsman says "Hey, McCloud, get off my ewe.'"
'You gotta get an agent, Frank.
The right agent could make you a star.'
'That's true, the downside being
that it would leave a vacancy here,' Batiste said. He pulled himself up
straighter, getting to business. 'Which is what this is about. I notice
you aren't taking this year's Lieutenant's exam. You don't want to make
more money?'
'More money would be good.'
'Then what?'
'Maybe I don't want to be a
Lieutenant. Maybe I don't want to leave Homicide.' Typically, a
promotion to Lieutenant meant a transfer out of the detail to which an
officer had been assigned. There were exceptions to this rule. Batiste
himself had been a Homicide Inspector before his promotion. That wasn't
something to count on, but Batiste was hinting that it could happen
again with Abe. But, of course, first he had to take the exam.
Batiste opened the side drawer of
his desk and took out a giant handful of peanuts in the shell. He
dumped them on the desk between them, then grabbed one and cracked it.
The peanuts were a constant in the Homicide detail. No one remembered
when or how they'd first arrived, but they were always there. 'That's
fine if that's what you want. I just didn't want it to be an oversight.
I know you've had a lot on your mind lately.'
Batiste chewed and cracked
another peanut, busy with it. This was awkward ground. 'You want my
opinion, you want to take the test, keep your options open.'
Glitsky gave it a minute, then
nodded. 'Okay, I'll do that. Thanks for mentioning it.'
'Good.'
The sound of peanuts being
cracked. Neither of the men moved. 'Hey, Frank.'
'Yeah?'
Another long moment. Batiste took
another handful of nuts out of his drawer and Glitsky got up, dropped
his shells into the waste basket, looked out through the open entrance
of Batiste's office, then sat back down. 'Are you sure there isn't
anything else? I could handle it, there was.'
'Like what?'
'Like I've got so much on my mind
that I'm not doing my job?' Glitsky's voice remained matter-of-fact,
but his eyes became distant. 'That I'd be better off pushing paper as a
Lieutenant in the traffic division than as a lowly Inspector with a real
job in
Homicide.' The eyes rested on his Lieutenant. 'I'd like to
know, Frank, I really would. If I'm an embarrassment...'
'Who's saying that?'
His shoulders sagged. 'I am, I
guess. I'm asking. I couldn't close on Levon Copes. Then I get assigned
this clown who shoots up the Tastee Burger when there is no
investigation to conduct but it keeps me off the streets? This kind of
stuff, it makes me wonder.'
Batiste had stopped with the
peanuts. He shook his head. 'Nobody's saying anything like that, Abe. I
don't even think it.'
Glitsky took a breath. A beat.
Another one. Three.
Batiste. 'You all right?'
'I'm reading everything wrong,
Frank. Sorry. I didn't mean to lay it on you. I'm just getting
everything wrong.'
Batiste told Abe he didn't have
to worry so much about what he might be doing wrong. So what if he
wasted a few minutes? They worked in the city's last bastion where
results - not hours - were what counted. If Glitsky felt he wasn't on
all cylinders, enough were still firing to get the job done. So he
should put aside the doubts about why he thought it was Dooher.
Sometimes professionals had
hunches. You asked yourself every question you could think of, even if
you didn't exactly know why you needed to ask it. Answering them all
probably wouldn't take fifteen minutes.
Then he could go talk to Lily
Martin again, or Felicia Diep. Or the Pope.
Which gave Glitsky an idea.
'By the way, I met your
girlfriend again the other night. I think she likes you.'
Wes Farrell, leaning against the
padded back wall, was sitting on the hardwood floor on the squash
court, breathing hard. Dooher wasn't even winded. He was absently
whacking the ball into the wall, hitting it back on the short hop. A
machine.
'I've got so many, Wes, which one
are we talking about?'
'The pretty one.'
Dooher inclined his racket
slightly, the ball bounced, shot straight up off his racket, and arced
into his waiting palm. 'They're all pretty,' he said, smiling.
They're not all as pretty as she
is. The girl from Fior d'ltalia? Christina. Your summer clerk. Ring a
bell?'
Dooher corrected him. 'One of
my summer clerks, Wes. I think we're bringing on about ten. And I hate
to ruin your fantasies, but we've remained platonic.'
'I thought I was talking
about
your fantasies.'
'I have no fantasies. I live an
ordered and disciplined life, which is why I will beat you in this next
game. Besides, Sheila and I are enjoying a little renaissance right at
the moment.' Dooher gave his practiced shrug, minimizing personal
complicity in all the good things, such as his wife's sexual favors,
that constantly came his way, and bounced the ball off the floor.
'Double or nothing? I'm ready. Where'd you see her?'
Farrell slowly pulled himself to
his feet. 'Actually, I'm having a little renaissance myself.'
'With Lydia?'
'Lydia who? Her name's Sam.' He
was all the way on his feet now, half limping, holding his back. 'How
did I get so decrepit, anyway? I eat right, I drink right. Am I not at
this very moment exercising?'
Dooher was tossing the ball up
and down, catching it without looking. 'Whose name is Sam?'
'My girlfriend, you fool. And
Christina Carrera is a friend of hers. We were at a dinner party.'
'And my name came up?'
Wes shrugged. 'When we realized
half the people there knew you. I said you weren't as bad as you
appeared. I'm afraid I told them your Vietnam story.'
Dooher's face clouded for a
moment. 'That story. I don't think it's come up once in the past ten
years, and just the other day ...' Dooher explained about Glitsky. 'So
I showed him the picture. What was Christina's reaction to all this
talk of me?'
'She didn't need your tragic
background to think you were a hero. She's one of your fans. Obviously,
someone has deluded her into thinking you are a sweet and gentle soul
under that craggy exterior.'
'She's got a keen insight into
human nature,' Dooher said. 'Maybe I'll give her a raise.'
Flaherty's Appointments Secretary
was initially inclined to be coldly officious, but after Glitsky had
explained that he needed a personal appointment with His Excellency to
talk about the murder of one of his flock, the man had first gotten
interested, then had thawed. He checked. Flaherty had a two o'clock,
but his lunch had broken up early - he was in the office right now.
Would Glitsky wait a moment?
Okay, the secretary had told him,
if he could get down to the Chancery Office, the Archbishop would give
him between when he arrived and his appointment, say twenty minutes if
he flew.
He flew.
The windows were open and the
sound of children playing down below drifted up to them.
They sat kitty-corner in
wingchairs. The spartan office was chilly. Glitsky kept his jacket
zipped. The rest of the room reinforced the theme of minimal creature
comfort - Berber rug, flat-top desk, computer, the chairs, some photos
of Flaherty with unknowns and kids and sports figures, a crucifix, a
wall of books. With no pretension or sign of earthly power, it was
nothing that Glitsky had expected.
Neither was the man himself. In
his black pants, scuffed loafers, white socks, green and white striped
dress shirt, the Archbishop might have been a high-school teacher. The
gray eyes, though, were singular. Intelligence there, Glitsky thought,
lots of it. The ability to calculate. To see through things.
But in spite of that, he didn't
seem to be following Glitsky's line of questioning. 'Are you saying
that Mark Dooher told you we had a meeting here on Monday a week ago?'
'He didn't say that, no.'
'Good. Because that didn't
happen.'
'There was no meeting to talk
about an increase in the settlement you were willing to give Mr Trang?'
'Yes, we had that meeting. But it
was, it must have been three weeks ago. Maybe more. And we decided no.
We were sticking with the six hundred thousand.'
Clearly, the settlement issue
still rankled. But Flaherty wanted to go back.
'I'm curious. You said you talked
to Mark, Mr Dooher, is that right? So if he didn't mention this
meeting, who did?'
'Victor Trang's girlfriend. And
his mother. Independently.' Glitsky felt he ought to explain a little
further. 'I've been talking to people as they've been available, sir.
Dooher was first.'
'Where did you even get that
connection? Dooher to Trang?'
Flaherty might try to present a
low profile, but he was used to command. Glitsky sat back, kept his
voice low. 'Dooher called Missing Persons. Him, the girlfriend, the
mother. That's where I started. And Dooher didn't volunteer anything
about the meeting, but since that time I've heard about it from two
sources. I'm trying to find out if it happened.'
'Why didn't you go back to
Dooher?'
Now Glitsky leaned forward, made
some eye contact. 'Excuse me, sir, but do you mind if I ask a couple of
the questions? That's how we usually do this.'
The Archbishop let go with a
deep-throated laugh, recovered, told Glitsky he was sorry, to go ahead.
He'd shut up.
'So there was no meeting?'
'No. Not that Monday night. Not
any night. As I said, we discussed the settlement terms at one of our
regular daytime business meetings.'
Glitsky consulted the notes he'd
taken with Lily Martin. 'You never discussed the figure of a million
six hundred thousand.'
'No chance. Mark wouldn't even
have brought me a figure like that. He knows that would have been
insane. Hell, what we did offer - the six hundred - that was insane.'
'But Trang turned it down?'
The Archbishop shrugged. 'People
are greedy, Sergeant. It's one of the cardinal sins and I bet you
wouldn't be surprised how often it comes up.'
'So where was it going from
there? The lawsuit?'
'I'd guess Mr Trang was going to
amend the complaint and then file it. And lose.'
'That's what everybody seems to
think. Which makes me wonder why he was going to do it.'
Another shrug. 'It was a power
play, Sergeant, pure and simple. That's all it was. Mr Trang evidently
thinks - thought - that we have infinitely deep pockets. He was, I
gather, inexperienced in these matters, and evidently thought he could
get more simply by holding out, putting the squeeze on a little
tighter. But the suit itself had little merit.'
'And yet you were going to settle
for six hundred thousand dollars?'
Flaherty broke a cold smile. He
hesitated, uncrossed his legs, and leaned in toward Glitsky. 'In real
life, Sergeant, an untrue accusation can be as damning as a conviction.
We were willing to pay something to keep a lid on the accusation.'
'But not a million six?'
'No. Not even half that, as I've
told you.'
'Did Dooher ever mention to you
how he felt about Trang personally?'
'No.'
'Didn't like him or dislike him?'
'He was an adversary. I don't
think they saw each other socially, if that's what you mean.' Flaherty
sat back. 'You can't honestly think Mark Dooher could have had a hand
in any of this, do you?'
Glitsky pointed a finger, toy-gun
style, risking a faint smile. 'You're asking questions again, but the
answer is I don't have a clue. Trang's death seems to have been good
for the Archdiocese ...'
Finally, a degree of frustration
peeked through. 'Sergeant, we're in constant litigation about one thing
or the other. One lawsuit, one scandal, more or less, just isn't going
to make too much difference. And that's God's truth.'
Not that Glitsky necessarily
bought it, but that direction wasn't taking him anywhere. 'All right,
one last question. Do you have an appointments calendar I might glance
at? See what you were doing that Monday night?'
This marked the obvious crossing
of the Archbishop's threshold into active annoyance. Flaherty nodded
curtly, stood up, and went to the door and out. In a moment he returned
with a large black book. He carefully placed it open onto Glitsky's
lap. 'That the day?'
'Yes, sir.' He looked down.
'Catholic Youth Organization convention. Do you remember that? Did it
go on late?'
Flaherty was no longer Glitsky's
friend, that was certain. But he answered civilly. 'It was at Asilomar,
Sergeant, down in Pacific Grove. You know it? It's a hundred miles
south of here.' He picked the book up and closed it firmly. 'And see
the line here, to noon the next day. That means I spent the night.'
In one of those amazing
coincidences, Glitsky thought, just then there was a knock on the door
and the Appointments Secretary opened it, stuck his head in, and told
Flaherty that his two o'clock had arrived.
Glitsky looked at his watch,
closed his notebook, and stood up. The interview was over. He put out
his hand and the Archbishop took it. 'Thank you, sir. You've been a big
help.'
Flaherty's grip was a vice and
his eyes had gone the color of cold steel. 'You know, Sergeant, I try
not to stand upon it, but most people address me, at least, as
"Father". Some even say "Your Excellency".'
Glitsky squeezed back. 'Thank
you. I'll remember next time.'
But what did it mean?
He'd better begin to consider the
possibility that there had been no meeting on Monday night. At least
not with Flaherty and Dooher. So why did the two women - Lily Martin
and Mrs Trang both - think there had been?
But wait - who said the meeting
had been in person in Flaherty's office? Maybe Flaherty hadn't been
able to talk to Dooher until later because .. . but no, that meant
Flaherty was at the least just plain lying, and at most implicated in
the actual murder. And though Glitsky ran into liars every day - murderers too - he did not
really believe the Archbishop was involved here. He'd just not been
able to resist the urge to jack him up a little. He'd always had a
problem with people who thought they spoke directly to God.
He'd picked up a piroshki and a
celery soda and sat having a late lunch in his car just off Market
Street, his windows down. It was warmer outside than it had been in
Flaherty's office and the air smelled sharply of coffee. One of the
nearby restaurants must be roasting its own.
He kept coming back to the
meeting, or non-meeting. For now, he was going to believe that the
meeting never took place. Further, he didn 't believe Flaherty
had even talked to Dooher on that Monday night.
Which did not mean that Dooher
hadn't talked to Trang.
Did it?
Glitsky was wrestling with it,
trying to piece together some rationale for Trang to have written up
messages on his personal computer, purporting to have come from Dooher,
if there had been none. It could have been that he was going to
extraordinarily great lengths to run a false story past his mother and
girlfriend - 'See, I'm just on the cusp of greatness, just about to be
rich and successful. It's going to happen any day now. The other side
is about to cave in. Look, here are the messages from their attorney to
prove it. I'm not a nothing, as you've all believed. I'm going to make
it big.'
Was that too much of a stretch?
Glitsky wasn't sure. He'd known a lot of people - perennial losers -
who'd tried to fool themselves and others in similar ways. Maybe that
had been Trang, trying to convince himself as well as the women in his
life. And then when the settlement didn't come through after all, he'd
fall back into victim mode. It hadn't been his fault. The breaks were
against him, the power of the Church, the bigger players had ganged up.
But - Glitsky brought himself up
short - the truth was that there had been a substantial offer.
Six hundred thousand dollars had been on the table, and Trang had
turned it down. Would he have done that if he wasn't fairly sure he was
going to get more?
No. He would have taken it.
Which meant - what?
That the penny-ante psychological
profile Glitsky had been drawing of Trang-as-loser was not valid. And
if that were true, then at the very least, Trang believed
something was happening with Dooher and the settlement. He hadn't
made it all up. Or possibly any of it.
So Dooher had called
him. Twice on that Monday. Maybe three times.
He wondered if he'd admit it. It
didn't exactly reek of probable cause, but Glitsky knew he could find a
judge to give him a warrant for Dooher's phone records based on the
inconsistencies. But if Dooher hadn't called Trang from his home or
office, any other call would be nearly impossible to verify - the phone
company kept track of the calls you made, but didn't keep records of
non-toll calls received.
He chewed the last of his
piroshki, tipped back the soda. Well, at least now he had a plausible excuse to
go back and talk to Dooher, take another look at the Vietnam photograph
while he was at it. Maybe casually bring up some other topics. 'Say, I
was doing the crossword this morning and came across a seven-letter
word, starts with "b", means infantry knife. What do you think that
could be?' Subtlety was the key.
Dooher was going to be in
meetings out of the office for most of the rest of the afternoon, but
if he checked in for messages, his secretary would tell him the
Sergeant had called.
So the rest of Glitsky's
Wednesday afternoon was lost in paperwork. He labored over his initial
report on the Tastee Burger killing. He checked the transcription of
his interviews with three of the witnesses there.
Moving along, he filled out the
warrant for Dooher's business and personal phone records. Then there
was the application for the Lieutenant's exam.
A final Homicide issue involved
re-booking a burglar who'd killed a seventy-year-old man last week. The
elderly resident had had the bad luck to wake up and grab his .38 in
the middle of the night when he'd heard the noise.
At 5:10, completely fried with
the paperwork, as he was putting on his jacket to go home, his
telephone rang. 'This is Mark Dooher,' he said to himself. And it was.
Dooher was free now, but maybe if
the Sergeant just had a quick question or two, he could answer it on
the phone, save him a trip. Glitsky wondered if he really needed to
actually see the Vietnam photograph again. It was quitting time. He
wanted to go home and be with his family. He'd worked a long day as it
was. He wasn't the same cop he had been. He said some questions should
do it.
'Sure, I talked to him that day.'
'More than once?'
'I may have. I believe so. Why?'
'When you and I talked last time,
you didn't mention it.'
'Did you ask about it? I'm sorry.
I don't—'
'I thought it might have occurred
to you as relevant, talking to a murdered man just before he was
killed.'
No answer.
'Do you recall what you talked
about?'
'Sure. He was asking for my
strategic advice on another case he was handling. As I told you, we
kind of hit it off. I think he was hoping I'd offer him a job at the
firm here.'
'You didn't discuss the
settlement of your suit?'
Another pause. 'No, not that I
recall.'
'Although he was threatening to
file it the next day, ratcheting up the figures?'
'And then we'd duke it out in court. That's how we do it, Sergeant. 'Those lines had been drawn. There wasn't anything to talk about.'
'And he didn't seem concerned, worried, anxious?'
'Not to me. He seemed normal.'
'Do you remember what the
other case was about, the one he wanted your advice on?'
'Sure, it was another settlement
on a personal injury. Sergeant, am I under some kind of suspicion here?'
'The case is still open,' Glitsky
said ambiguously. 'I've been trying to get a sense of what Mr Trang did
in those last hours.' But may as well just come out with it. 'Did you
have a bayonet as part of your gear in Vietnam?'
So much for the subtle approach.
'It sounds like I should contact my
lawyer.'
'Or just answer the question.'
'Yes, I did. Did a bayonet kill
Victor?'
'We believe so. Do you still have
yours?'
'No. The Army takes it from you
when they send you home.'
'Do you mind telling me where you
were last Monday night?'
A sigh, perhaps an angry one. 'I
believe I went to the driving range, then came back to the office here
and worked late. Sergeant Glitsky, why on earth do you think I'd
consider killing a man, any man, much less Victor, whom I've told you I
liked?'
'I didn't say I did. I'm
collecting all the information I can, hoping some of it leads
somewhere.'
'The implications are pretty damn
infuriating.'
'I'm sorry about that. Archbishop
Flaherty thought so, too.'
'You talked to the Archbishop?
About this?'
'He's your biggest client, isn't
he?'
'By far. So?'
'And Trang's death means the suit
gets dropped ...'
'Trang's death means Mrs Diep
gets another lawyer, Sergeant. And that's all it means.'
The earthquake that rocked the
city at 5:22 the next morning wasn't as destructive as the World Series
Quake of '89 - it didn't collapse any part of the Bay Bridge, for
example, or any freeways. However, with a magnitude of 5.8 and an
epicenter just a mile into the ocean northwest of the Cliff House, it
was by no means a minor temblor. The eventual damage total exceeded $50
million. Seventy-seven people were injured seriously enough to seek
medical help, and four people died.
Bart was going insane. He jumped
up on Farrell's bed, howling like a coyote rather than the intelligent
and sensitive Boxer that Farrell knew him to be, so something must be
wrong, but Wes had no idea what it could be. He cast a quick glance at
the clock next to his bed. 5:19. What the hell! 'Bart, Bart! Come on,
boy. It's all right. It's all right.'
But apparently Bart knew more
than his owner on this score. Wes was grabbing for the dog's collar to
pull him nearer. It sounded like he was dying. Wes was thinking, I knew
I shouldn't have given him that lamb bone. That's what it is - it's cut
his stomach to shreds.
He flicked on the light, holding
the dog close now, murmuring to him, petting to try and calm him down.
'Please don't die. Come on, hang in there, I'll call—'
Wham!
It was a sharp up-and-down,
similar to the Northridge quake that had done so much damage to
Southern
California. The experts later estimated that the shock was equal to a
vertical drop of five and half feet. It was probably fortunate that
Farrell had no art on his walls and very little furniture, so there
wasn't much to fall or fly around.
After one terrified bark coupled
with a desperate escape maneuver involving claws and fangs that
scratched Farrell's face badly, Bart got himself to a corner of the
room and set up another howl.
The lights went out. There was a
second, smaller jolt, and Farrell rolled from his bed and started
crawling, eventually arriving at the bedroom doorway, his hands
gripping both sides of it for support should the foundations shake
again.
His hands were sticky and wet.
Glitsky hadn't been able to sleep
and didn't want to keep Flo up, so at around midnight he'd gone out to
read on the couch in the living room. Taking a cue from his father Nat,
a Talmud scholar, he had been immersed for weeks in Wilton Earnhardt's
epic tome Gospel, a story about the missing New Testament book
of Matthias. This was about as far from San Francisco crime and
politics and his home life as he could get. Which was the point.
Eventually, he'd nodded off.
What got him up wasn't the shock
but Flo screaming his name. The lamp next to him crashed to the floor.
Sparks and broken pottery. One of the kids - he thought it was Jake,
his middle one - was also calling him. God! Why were the other ones
quiet?
'Abe!'
'Yo! Coming.'
Another shake, knocking him
sideways. Bare feet on broken shards. In the short hallway, he turned
on the light. Another step, the bedroom, the light. Flo looked at him,
eyes wide and tearful, as though he were a ghost.
As well he might have been.
The six or seven-hundred pound
oak armoire in which they kept their hanging clothes had jumped four
feet across the room and fallen, landing on Glitsky's side of the bed,
where he normally would have been lying.
Flo was up and in his arms, and
Jake cried out again.
Sheila Dooher nudged her husband.
'Earthquake,' she said, swinging her feet around, finding the floor.
Louder, another push. 'Mark! Now!'
People said you never got used to
earthquakes, but Sheila had lived in the Bay Area most of her life and
had experienced over twenty of them. The great majority of the time,
they shook the ground or the building you were in and then stopped. And
the other quakes . . . well, by the time you worked yourself up to
really scared, they were over, and then you dealt with what they'd done.
Mark opened his eyes, immediately
awake in the darkness. He knew that Sheila had moved to her
pre-arranged location in the doorway to the stairs - it was a drill.
And
he did the same to his, four steps over to the bathroom door.
'You all right?' he heard her say.
There was another, smaller shake.
They rode it out - three seconds max -
'Fine.'
For Sam Duncan, living in a
seventy-year-old underground apartment with brick walls, there was no
time for any thought. Either Quayle was a sounder sleeper than Bart
was, or he wasn't as finely attuned to the tiny movements of the earth
by which animals can supposedly predict earthquakes. In any case,
Quayle didn't whine, or bark, or howl preceding the event. Sam was
sleeping one moment, and the next - feeling something moving, falling
around her in the split second she had to react - covering her head as
the wall behind her bed gave, collapsing over her.
Before Christina was awake, her
father Bill had gone downtown to the bakery and come back with hot
ham-and-Swiss-filled croissants, her favorite. Irene, her mother, left
the steaming cup of French roast on the nightstand in her room and
brushed a strand of hair back over her daughter's ear.
She stirred.
'Your coffee's here,' her mother
said.
Having driven down to Ojai in six
hours, she'd arrived unannounced at ten-thirty last night and they'd
kept the visiting short; she was tired and planning to stay through the
weekend, get rested before finals next week - they'd get time to catch
up in person. They'd all turned in early, around midnight.
Late April, before noon, and she
was sitting out by the pool in her bathing suit, in perfect comfort.
She wondered again why she was living in San Francisco, in the wind and
fog and bustle. Here it was already warm as midsummer, the pace was
slow, life itself seemed to have an element of fluid grace.
Her parents' house was on the
side of one of the encircling hills at an elevation of about 400 feet,
and the pool hung out, cantilevered over a deck that seemed to drop off
into space.
Far below, the town sparkled in
the pristine air, a little terra-cotta jewel nestled in its verdant
setting. In the distance, the Topa Topa Mountains and the Los Padres
National Forest lent some drama to the view. Closer in were the avocado
and orange orchards, the golf course, the orange-roofed landmarks of
her own childhood; over to the right she could just spy the edge of her
high school, Villanova, for good Catholic girls as she had been.
There was the Tower at the Post
Office, and in the peace of the morning she could hear Some
Enchanted Evening coming up on the thermals - the Tower played
show tunes on the hour.
Her eyes continued to roam. There
were the trees over Libbey Park, downtown, where she'd gone to dozens
of incredible concerts - blues, classical, jazz, rock 'n' roll - all
the great LA players loved coming up here. This is where Hollywood came
to drop out.
Ojai was the Chumash Indian word
for Nest, and she thought it captured the place perfectly. It was her
nest, her home. She wondered, again, if she'd ever really have another
one.
Her mother was walking down from
the house with some iced tea. She normally worked in her husband's
brokerage house as his assistant, but decided she'd take the day off to
catch up with her daughter.
Irene Carrera had a buffed
leather complexion from too much sun, and her body, toned with regular
exercise, was still twenty pounds overweight. Nevertheless, in a casual
way she believed herself a beautiful woman, and so nearly everyone else
thought she was, too. She frosted her hair and wore gold slippers
padding about out by the pool and she appeared to be as shallow as a
petri dish. But she'd never fooled Christina.
Now she sat in the wicker chair
next to her daughter's chaise longue, put down the tray that held the
pitcher and glasses, and placed coasters on either side of the table.
'You picked the right day to come down. San Francisco's had another
earthquake.'
Christina sat up straight. 'A bad
one?'
Her mother handed her a glass.
'They're saying moderately serious. Although if you ask me, they're all
bad.'
'You can ask me, too.'
'Do you want to call
anybody?'
'No, no. They don't want you to
use the phones after emergencies anyway, Mom. Besides,' she took a sip,
'there's nobody to call.'
Her mother sat back, gestured to
her daughter's left hand. 'Your father and I noticed there's no ring.
We didn't want to press last night. I guess we're not going to be
meeting Joe.'
'I guess not.' A sigh. 'It was my
decision. It wasn't going to work out.' Irene took a minute stalling
with her iced tea - lemon, sugar, mint.
'You gave it enough of a
chance? You're sure?'
Christina shrugged. 'Come on,
Mom, you know. Over a year. It just wasn't ...' She trailed off. 'I'm
not sad about it, so I don't think you should be.'
'I'm not sad about you
and Joe, hon. I worry about you, that's all. These relationships that
get to ...' She took a deep breath and plunged ahead to intimacy,' that
go on a year or more, then end. They must be taking their toll.'
'I know.' Christina was nodding.
'They are.'
'I just look at you now - and I
know this is foolish, don't laugh at me - and I don't see my happy
little girl. It just breaks my poor silly heart.' Christina started to
stop her, but her mother touched her shoulder and continued. 'No, I
know what you've been through. I do, or a little. With Brian, and the
pregnancy, and now this. I do know, hon, how it must hurt, how you're
trying. But it just seems to me that every time you give up, when you
let it end, then part of you dies. The part that hopes, and you don't
want to lose that.'
A tear coursed down Christina's
cheek. She wiped it with a finger. 'The good news is I didn't put much
hope in Joe.'
'Then why did you say you'd marry
him?'
'I don't know. I was stupid. I
wanted to convince myself that I could do just what you said - commit to
somebody and make it stick. To get there, Mom. You know what I
mean? You get so tired of waiting, of things being empty.'
Her mother sat back in her chair
and looked for a moment out to the horizon. 'It has to be right, that's
all. The right person to begin with.'
'Yeah, well where is he? That's
what I want to know, Mom. Where the hell is he?'
'Christina? It's Mark Dooher.'
'Mark. Are you all right?'
A refined chuckle. 'I'm fine. I
was worried about you. We've had a pretty good earthquake up here, you
might have heard. Several people didn't make work and you were one of
them. So we tried to reach you at home and you never called back'
'Was I scheduled to come in? I've
got finals next week. I wasn't starting until after that. I thought I
told Joe...'
'No, no, it's all right. I was
concerned, that's all. I remember you'd told me about Ojai, so I
thought I'd see if your parents had heard from you, if you were okay.'
'I am. In fact, I thought of you
five minutes ago. We're drinking champagne. Remember? The lost art of
pouring?'
'I do. How is it down there, by
the way?'
She looked out through the French
doors. A balmy evening was settling. 'It's the pink moment,' she said.
'The classic pink moment.'
She could almost see his grin.
'I'm
on my car phone, just at the Army Street curve on my way home and it's
the classic gray moment here.' A moment went by. 'I heard about you and
Joe. I'm sorry.'
'Yes, well...'
The pause seemed a little awkward
to Christina. She was thinking that Mark didn't want to push. But then
he spoke up. 'Well... good luck on your finals, then. And we'll see you
in a couple of weeks?'
'I'll be there.'
'I know you will. If it's any
help to you, Joe should be down in LA by then. There shouldn't be any
awkwardness.'
'I know. I guess.'
'No guesses. This is a promise.
If you have any problems, I want you to come see me, hear?'
'I hear. I will.'
'Okay, then.' There was a crackle
on the line. 'Sorry, the call's breaking up. You hang in there,
Christina. Things'll turn around, you watch. I'm glad you're okay.'
'I am. And Mark?'
'Yes.'
'Thanks for checking. It matters.'
It might be the pink moment,
but
it was also the yellow jacket moment. At dusk, the vicious bees seemed
to come up like locusts, scouring the foothills for food, and making
outdoor hors d'oeuvres a challenge at best.
But it was one to which Bill and
Irene rose whenever they could. Christina remembered sitting inside a
hundred times as a child, afraid to go out. Until one day her father
had sat her down: 'Look, we can either go outside where the weather's
great and we've got the view and the air and things taste better,
except we' ve got the chance of being molested by yellow j
ackets, or we can sit cooped inside wishing there weren't such a thing
as yellow jackets, but definitely inside, and definitely not
having half the fun. I'll take the risk every time.'
So tonight they had broken out
some paté, three kinds of cheeses, cornichons, French bread, the works.
After she'd hung up with Dooher, she stood a moment at the French
doors, looking out at her parents who were sitting in their matching
wicker chairs, holding hands, laughing at something.
Okay, she thought. There was her
father and there was Mark Dooher. Two good ones. It wasn't impossible.
She would simply have to bide her time, do her work, live her life.
The pink shifted, almost
imperceptibly, to mother-of-pearl, and she stood in the door, struck by
her third revelation this week. The first had been that she didn't love
Joe. Then recognizing something deeper - something fundamentally
different and better - in the way she and Mark Dooher related,
something that would be part of her from now on, of any future she had.
Then, watching her parents, the
last illumination - that she was still afraid of the yellow jackets, so
wary of being bitten that she was afraid to go outside. That was why
she had always settled for her lesser men.
It was so clear now, suddenly,
and so wrong-headed: there had always been yellow jackets on otherwise
perfect evenings, and she'd never gotten stung. And taking that risk of
getting stung put you out where you really wanted to be.
It was the only way, with luck,
to get you to where her parents had gotten.
To where she wanted to be.
'Of course nothing
happened to you,' Wes said. 'Why did I even feel like I had to ask? In
fact, now that I think about it, I'm surprised some fissure didn't open
in your backyard revealing a vein of gold.'
'I didn't tell you about that?'
Dooher put a hand on his friend's shoulder. 'Just kidding,' he said.
'How's the face?'
Farrell had needed seven stitches
and a tetanus shot. He had one bandage under his blackened left eye,
another on the side of his mouth. 'Let's go with unpleasant.'
'No, how's it feel?
Farrell gave him a look. 'Funny.'
It was Friday morning a little
before noon, the day after the quake, and they were in Wes's office.
Dooher took a seat in the ragged armchair. His friend was putting books
back on the shelves. Bart, giving no sign that he'd ever been jumpy in
his life, slept under the table.
'So how'd your office make out?'
Wes asked. 'Don't tell me, it wasn't touched.'
'A little. It's a relatively new
building with all the codes up to date. They don't shake much.'
Farrell turned around. 'You mean
nothing, don't you?'
'Nothing structural. Couple of
bookshelves fell over, like here.'
'Not like here, Mark! Not like
here. Here we got cracks in all the walls, maybe you didn't
notice, the place has got to get completely repainted, we got plaster
in the ducts, the water's out in the bathroom, every single one of
my books hit the floor running,' he whirled further around, pointing,
picking up some steam, 'that window, check it out, is now
plywood...' He blew out a long breath. 'No! No, decidedly not just like
here.'
Bart came awake, barked once,
went back to sleep.
Dooher, sympathetic as a hangman,
held up a hand. 'Du calme, Wesley, du calme.'
'Du
calme, my ass. Easy
for you to say.' His body sagging, Farrell crossed to his desk and
edged himself onto the corner of it. 'I know there's no justice in the
world, and nothing happens for any reason, it's all random -I know all
of that - but what I don't understand is why all this perverse, random
shit happens to me!'
'It's like Grace,' Dooher said.
'And don't give me any of that
Catholic stuff, either.'
'Not that Grace.'
Dooher
crossed a leg, enjoying himself. This lady, Grace, she's born ugly as
sin, half-blind, one leg missing, her hair never grows, she gets cancer
at thirteen, a mess. Dies horribly and goes up to the Pearly Gates. God
looks at her, says, "Grace, you're going to hell."
'"But why?" she asks. "Why, God?
I've tried to be a good person, tried to please You, suffered my whole
life ..."
'"I don't know, Grace," God says.
"There's just something about you that pisses me off.'"
Farrell was shaking his head. 'I
can understand why that joke would appeal to you. You are
lucky. I, on the other hand, am cursed.'
'Oh bullshit, Wes. People—'
'Stop! Stop! I know what you're
going to say. That people make their own luck. That is what
every lucky person in the world says, and that is bullshit!'
He pushed himself off the desk, stepping on Bart's tail. 'Ruff!'
'You, dog, shut up! I don't want
to hear anymore out of you.' Back to Dooher. 'Look at me here, Mark.
Look at me. My apartment is trashed, my office is ruined, my fucking
dog - man's best mauling machine - nearly tears my head off...' he sank
back to his corner of the desk, staring at his shoes.
'Wes...'
Tm sorry. I'm just a whining
sack, aren't I? But I have to tell you, sometimes the weight of what
appears to be random bad luck just gets a little hard to take. It's not
like I want something terrible to happen to you, but don't you
sometimes wonder when it never does? Does this mean something
about me? Jesus!'
'Hey, come on.' Dooher got out of
his chair, walked over to his bud, put his arms around him. 'Come on. I
love you, Wes, you know that. You need help here, I'll send over some
of my associates. You need it at home, some money, whatever, you got
it. You want, I'll put a couple of gashes into my own face, bleed a
little.'
Farrell looked up, shook his head
in disgust. 'I'm a waste, aren't I?' Dooher pinched his good cheek.
'But cute. Come on, let me buy you some lunch.'
It wasn't fancy, but the Chinese
food was spicy hot and excellent. There were only six tables in the
place, and Farrell took the opportunity to point out that he came here
twice a week and never got an empty table.
But Mark Dooher walked in the
door, and there was one with his name on it, and no, they didn't mind
if the dog came in, too. The owner had a dog looked just like Bart.
This led Farrell to wonder aloud if there was any part of Dooher's
experience untouched by good fortune.
'For the record, I've got some
pretty estranged, screwed-up kids, and you don't.'
'I never see my kids,' Farrell
said.
'But when you do, they don't
hate you, do they?'
'No. At least I don't think so.'
'Mine hate me. My failed artist
namesake son hates me. My lesbian daughter hates me. My skiboard bum
son hates me.'
'They don't.. .'
'Trust me, they do. You know it,
too. Now I don't know whether that's luck or not, but it's not good. I
must have had something to do with it.'
'Okay, that's serious. Your life
isn't perfect. I apologize.'
A macho shrug, Dooher's
mini-lesson in handling the pain the way a man should. 'It's life,' he
said. 'It hits us all. Which is actually, since we're on the subject,
why I wanted to see you this morning. More bad luck for me. But this is
business.'
'What business?'
'I want to put you on retainer
for a while as my personal attorney.'
Farrell stopped with his
chopsticks halfway to his mouth. 'I'm listening.'
'Victor Trang.'
'Okay, what about him?'
'I think the police think I might
have killed him.'
'Get out...! You! Are
you kidding me?'
'I don't think so.'
'Why do they think that?'
'I don't know. I'm not even a
hundred percent sure they do, but this cop Glitsky called me the other—'
'Glitsky?'
'Yeah, that's his name. You know
him?'
'He was the cop handling my last
case, Levon Copes. Screwed it up completely.'
'Well, that's a relief. He might
be screwing up this one, too.'
'He thinks you killed Victor
Trang? Why?'
'Take it easy, Wes. I'm not sure.
But he's called me back a couple of times, zeroing in, asking questions
- where was I, did I talk to Trang, that kind of thing.'
'And you answered him?'
Dooher shrugged. 'Sure. I've got
nothing to hide. Why wouldn't I talk to him?'
'That doesn't matter. The first
rule is never talk
to a cop about a crime in your time-zone
without your lawyer sitting there.'
'But I didn't—'
'Doesn't matter. What did he ask?
What did you tell him?'
'Does this mean you're on
retainer?'
Farrell nodded. 'Yeah. Of course.
What do you think?'
It was quarter past noon on
Friday afternoon. Glitsky was walking the hallway on the 4th floor,
heading back to Homicide. He'd spent the morning interviewing witnesses
who lived in apartments on either side of his seventy-year-old victim, who'd owned a
handgun for protection - the man whose last thought had been that his
gun was going to help him if a burglar ever broke in.
Nope.
The last couple of days had been
well over the line into surreal. At home, the earthquake damage had
been serious but, miraculously, all cosmetic. They'd straightened up
the armoire and rehung the clothes. In the boys' room, Jake had been
crying out because it was dark and he'd been tipped out of his bed.
Isaac and O.J. had remained so quiet because they'd slept through it
all. (As he had, he reminded himself. If Flo hadn't yelled out for
him...)
Then, all day yesterday, his wife
wouldn't stay still. She had been up and around, throwing away the
broken dishes, shards of pottery and glass, straightening, vacuuming,
rearranging, even washing the windows. Nesting, nesting.
The day of the quake he'd stayed
home. (A good day for it, as it turned out. There was not one homicide
reported in San Francisco.) Today, day two, he couldn't stand seeing
Flo working so hard, singing to herself, reborn. So much energy and
sense of purpose - it was going to come crashing down. He couldn't let
himself get his hopes up.
This was pure adrenaline - hers.
He wanted no part of it, and she
didn't want him moping around, bring her down. They'd almost had a
fight about it - would have, if he hadn't left.
So he'd gone to his morning
interviews. Now, back at the Hall, his plan was to call around, line up
some more witnesses on his other cases, call the phone company and
check on the progress of Mark Dooher's records.
There was a package on his desk
and he ripped it open. The phone records on Dooher weren't supposed to
be delivered for at least another day, maybe two or three, but now here
he was holding them in his hands.
Wonders did never cease.
Dooher's home was easy. He'd made
no phone calls at all on the Monday that Trang had been killed. His
office was a little more interesting. He'd called Trang twice - 1:40
and 4:50 - precisely the times noted in the dead man's computer.
Which meant that if Trang had
been making up a story to impress his mother and girlfriend, major
elements of it were close to the truth. His pulse quickening - the
thrill of the chase indeed - Glitsky turned to the last little packet
of sheets. There, as promised by Trang, was the third call, from
Dooher's cellphone, at 7:25.
And even though Glitsky thought
the official policy on miscreants in San Francisco was, 'Three strikes
and you're misunderstood,' this time he was getting willing to call
Dooher out. He sat back in his chair, feet up on his desk, wondering
what, if anything, it meant.
Trang's computer notes might have
been cryptic, but they also told a consistent story - Mark Dooher was
working on the settlement, not acting as an adviser on a personal
injury case as he'd claimed. Glitsky could imagine no reason why Trang would lie
to himself in his electronic notebook.
And here was another tantalizing
entry -MD from F. 's. The 7:25 call that Glitsky had
interpreted to mean that Dooher had called from Flaherty's office. But,
in fact, he'd made it from his car. What did that mean? Was it possible
that F wasn't Flaherty?
Another thought - did Trang even
have any personal injury cases in his files? This, Glitsky thought, was
a job for the ever-eager Paul Thieu. And the note? MD message. There
might be something the lab could salvage from the tape that had been in
Trang's answering machine, even if it had been recorded over. He leaned
forward, pulled his yellow pad toward him, and started writing.
He longed to catch Dooher in his
lie. In any lie. There had to be one. In a kind of trance, he was lost
in his notes. Then staring into the space in front of him, he picked up
the telephone and punched some numbers.
'Law Offices.'
'Hello. This is Sergeant Glitsky,
San Francisco Homicide. I'd like to talk to Mr Dooher's secretary,
please. And I'm sorry, I don't remember her name.'
'Janey.'
'That's it. Thanks.'
'Mr Dooher's office.'
'Janey?'
'Yes.'
Another introduction, a little
riff of bureaucratese, then he was saying: 'Janey, I need to confirm a
couple of things your boss told me. This is just routine.'
It turned out Janey did remember
the call from Trang on the day he had died. He'd called while Dooher
was at lunch, left an urgent message that Dooher get back to him.
'This was about the settlement
deadline, isn't that right?'
Janey paused, perhaps wondering
if she was saying too much. Glitsky didn't want to lose her. 'I'm
sorry,' he said, 'that was the impression I had.' Let her think he'd
gotten it from Dooher.
It worked. Janey continued: 'Mr
Trang reminded me to tell Mr Dooher that he needed to hear from him
before five, no later, or that he'd have to go ahead and file the
amended complaint the next day.'
So Trang's call to
Dooher had been about the settlement. Janey had said as much. And that
made Dooher a liar.
And if that were true,
it dramatically increased the odds that, at the very least, Dooher knew
more than he was letting on, and at the most, that he was a killer.
Glitsky was bouncing it off Frank
Batiste. The Lieutenant was sitting forward in his chair in his office,
arms on his desk, pencil in hand, shaking his head. 'I believe you,
although I'd be a little happier if you had any idea why.'
'Wasn't it you who's told us a
zillion times that we're not in the motive business, we're in the evidence
business?'
'Yep, that was me, and I was
right.'
'So?'
'So what? Where's your evidence
then?' Batiste continued drumming his pencil. 'Because we agree you
don't have a motive.'
But Glitsky didn't want to let
the motive go. In his experience, people didn't often get killed - not
by someone they knew - for no reason whatever. 'Look, the Archdiocese
is Dooher's biggest client. If the case gets filed, he gets fired.'
'Why would that happen?'
'Because he hasn't done his job,
which is keep the lawsuit hush hush.'
'And why would that be?'
Glitsky rolled his eyes.
'Because, Frank, it's politically embarrassing to the Archbishop.'
'So to keep it from getting
filed, Dooher kills Trang? That's a reach, Abe.'
'I know. But it's all I can think
of.'
Batiste straightened up, bopped
his pencil a couple more times, stretched out the crick in his neck.
'Are you sure you're not just on Dooher because you haven't got any
other suspects?'
'Maybe there aren't any other
suspects because he did it, Frank.'
'Maybe that's it.' Batiste didn't
want to fight about it. He took a beat. 'Well, that was instructive and
a hell of a lot of fun. We should do it again sometime. This was where
we started, isn't it? No motive? So let's leave motive. You came in
here wanting to talk evidence. Evidence is good. What do you got?'
But there wasn't much. Glitsky
had gotten his search warrant for Dooher's phone records by trotting
out the old probable cause argument to Judge Arenson, who knew him
fairly well and was aware that he didn't abuse the privilege.
Now the question was whether the
information in the phone records - the three calls that coincided with
Trang's notes - moved things along the probable-cause trail. Glitsky
knew that the Judge wasn't about to give him carte blanche on the more
invasive search warrants he was going to want to request - Dooher's
house, office, car, and so on - unless there was something real,
whether or not it was physical evidence, to back up Glitsky's
suspicions.
He was hoping the phone calls
would be enough, but Batiste wasn't buying that either, and didn't
think Arenson would. 'So is this just your day to be difficult, Frank,
or what?'
The pencil was tap-tapping again.
'What do they prove, Abe, the calls?'
'Dooher said they were talking
about a personal injury case. Trang's notes say it was the settlement.'
Even as he said it, Glitsky knew the objection, and it was valid.
'So it's "he said this, but he
said that.'"
'But Dooher's secretary, Janey,
agrees with Trang.'
'She didn't overhear the last two
calls.'
'Why would Trang have written
fictitious notes to himself on the calls? That just doesn't make any
sense.'
Batiste held up the pencil. 'Abe,
even if they talked about the settlement, even if Dooher is lying about
it, we got nothing. Maybe Dooher was sleeping with Trang's girlfriend.'
'Or his mother,' Glitsky said.
'Maybe his girlfriend and his mother.'
Batiste liked it. 'Now we're on
to something.'
Glitsky's lips were pressed
tightly together in frustration, and the scar stood out in relief. 'I
need a warrant. I've got to look through the guy's laundry.'
Batiste didn't think so. 'Arenson
won't do it, not with what you've got so far. You're going to need
more. What about the bayonet?'
'He never brought it home from
Viet—' Stopping short.
Batiste broke a smile. 'Says he.'
'Lord, I'm stupid! The wife!'
If she invited him in, he would
not need a warrant.
He kept a white shirt and
regimental tie in the drawer of his desk for the occasional forgotten
court date. He changed in the men's room and traded his flight jacket
until tomorrow for Frank Batiste's gray sports coat - a little short in
the sleeves, but the chest fit. It would do.
He was on the semi-enclosed front
porch, his badge out, introducing himself to Sheila Dooher. There had
been sun and a cool breeze at the Hall, but out here, a mile from the
ocean, the fog clung and a savage wind dug itself into his bones. He
didn't mind, though. At this moment, it was to his advantage.
'... the Victor Trang case.
You're familiar with that?'
'Yes. It was really such a
tragedy. Mark was very upset about it.'
'Yes, he was. I'd been planning
on coming by a little later, when your husband was home, but I was in
the neighborhood, and thought I could save some time. I wanted to ask
you a few questions, too.'
'Me?'
'Yes, ma'am.'
'What about? I didn't even know
Victor Trang.'
Glitsky shrugged. 'But you know
where your husband was on the night of the murder.'
'Yes. Well, I don't know. You
don't think ...?'
'I don't think anything at the
moment, Mrs Dooher. But the fact is that your husband was one of the
last people we know who talked to Victor Trang. So, far-fetched as it
might seem to you, he's a suspect. And you could eliminate that
possibility right now. Was he here that night, Monday a week ago?'
He noticed that she was gripping
the door handle, her face set, eyes shifting. 'I think I should call
Mark,' she said.
'You could do that, but you
understand that anything you say to me now, before talking with him, will
have a lot more weight. You could verify his alibi right now and that
would be the end of any suspicion.' He added conspiratorially, 'Really,
ma'am. It would be a good thing.'
She wrestled with it a moment,
then dredged it up. 'Monday night he went to the driving range, I
think. I could check.'
'That's what your husband said.'
Glitsky broke his smile. 'See, that wasn't so bad.'
Behind him, the wind gusted, and
Sheila Dooher seemed to notice it for the first time. 'I'm sorry,
Sergeant. Would you like to come in out of this weather?'
'I wouldn't mind, now that you
mention it.'
She fixed him a cup of tea. They
were sitting on either side of a marble bar in a sky-lit kitchen that
was about the size of Glitsky's duplex. Through the French doors, he
had a partial view of an expanse of manicured lawn, a patch of early
daffodils, stubbly bare roots and trunks marking an ancient rose garden.
He took a slow sip of the tea,
swallowed, then plunged in. 'Mrs Dooher, your husband was very upset by
Victor Trang's death. He asked me if there was anything he could do to
help with our investigation.'
Her expression, pleasant concern,
teased at the edges of his conscience. But, more importantly, it meant
that Dooher hadn't told her that he was under suspicion.
'That's Mark,' she said, waiting
for Glitsky to continue.
'I really didn't think much about
it until we discovered that Trang had been stabbed with a bayonet.'
'Oh God, how horrible!'
He nodded. 'Yes, ma'am, it was
bad. But the point is, we weren't able to go much farther than that.
The weapon hasn't been found - undoubtedly the murderer's thrown it
away. Anyway, I mentioned all this to your husband - he wanted to be
kept in the loop - telling me that if we could just identify exactly
what kind of bayonet
it was, from the size of the blade and so
on...' he assayed a smile, speaking more quickly now, hoping to keep
her riding on the flow of verbiage '. . . the forensics guys can tell
these things, that we might be able to determine where it had been
bought, or what war it might have been used in, that kind of thing. And
from there maybe get a lead as to where the murderer might have got it.'
He hoped.
She was paying attention, still
with him.
'I was hoping to compare it with
the one your husband brought back from Vietnam. Trang being Vietnamese,
it might narrow it down to someone in that community. It's a long shot,
but might be worth checking.'
She was nodding. 'I'm not sure I completely understand, but it sounds like it might be a good idea.' She stood up. 'I think it's out in the garage, up pretty high. You might have to help me get it. Do you mind?'
CHAPTER TWENTY
By dusk, Farrell still hadn't
reached Sam.
It worried him enough that he
decided to drive by her house, find out what was going on.
Yesterday, the day of the quake,
okay, lots of lives had been disrupted, his own more than many others.
While he was trying to get his own mess cleaned up, he'd tried to call
Sam a few times, but had no luck.
He'd been sure he'd get her today.
But he'd started calling as soon
as he woke up, had placed maybe two dozen calls, and nothing. Her
machine hadn't even picked up, neither had the phone at the clinic, no
one had heard from her. Her brother Larry had an unlisted number.
Farrell eventually even thought
to call Dooher back after their surprising lunch, to see if by any
chance he had Christina Carrera's number, if she might have heard from
Sam. But no, Dooher said Christina was in Ojai, visiting her parents.
Why and how did Mark know that?
The first indication that
something might really be wrong was the construction equipment all the
way up Ashbury Street, stopping traffic trying to get up over Twin
Peaks. Farrell was in his 1978 Datsun, painted by his son six years
previously in what Lydia called a 'fetching puke yellow'. (Lydia was
driving the metallic green 1992 BMW - he really hated her.) Bart wasn't
enjoying the wait in the fog and fumes anymore than he was.
Finally, when divine intervention
produced a parking space, he pulled in and decided he and Bart would
hoof it. It was time Bart met Quayle anyway, he thought. He attached
the dog's leash and they got out.
But drawing up close, getting to
Sam's block, he was struck by the air of disaster, and hurried his
steps. There were more than a few police cars, plus other emergency
vehicles. A revolving knot of gawkers milled around in the street,
quietly taking in the destruction.
Four brick structures in a row on
the west side of the street, with Sam's third on the way uphill, had
taken the big hit. All of them had lost their chimneys, a majority of
their street-facing windows. Though crews were still there and had
obviously been at the cleaning a while, piles of brick rubble and roof
slate still littered the area.
Supporting scaffolding had
already been erected around the two downhill buildings, but Sam's, from
the look of it, might be beyond salvage. The front corner appeared to have
caved in completely, and the entire house listed forward as though
waiting for one more tiny aftershock to send it toppling.
My God! he thought. That was
Sam's room. She was in there!
Farrell walked up to one of the
blue-uniformed policemen who were keeping the crowd from getting too
close to the unstable structure. 'Excuse me. I know somebody who lives
in that building. Do you have any news about the tenants?'
The cop turned around, his eyes
sympathetic. 'Have you tried the hospitals? Maybe I'd start there.'
Wes nodded mutely, then stood
another minute, struck again by the power of moving earth. 'Excuse me,'
he repeated. 'Do you know if anybody died in these buildings?'
The cop shook his head,
commiserating, conveying the worst. 'I'd check the hospitals,' he said
again.
Once Sheila Dooher admitted that
her husband had owned a bayonet - although it was no longer in the
garage - Glitsky thought that getting his search warrant would be easy.
He filled out his new one and
brought it down to this week's duty Judge, Martin Arenson. But Arenson,
like everyone else, was cleaning up from the earthquake. He'd handed
off his magistrate assignments to another Municipal Court Judge, Ann
Connor, and she hadn't been particularly receptive to Abe's version of
probable cause. She'd refused to sign the warrant, which put him in a
bind, since once one Judge in the Muni Court declined to sign a
warrant, no one else there would touch it.
Glitsky did have another option -
one he'd used in emergencies in the past. He could go to Superior Court
and get a sealed warrant from one of the Judges on the Senior Bench. He
was fairly well known in Superior Court since most trials he attended
were for homicides. And he was anxious to move quickly, before Dooher
had a chance to hide or ditch anything else.
'But the wife can't testify
against him.' Judge Oscar Thomasino had the search warrant in front of
him on his clean desk, awaiting his signature. He'd listened to
Glitsky's tale and wasn't close to sold on more probable cause. 'And am
I wrong? I don't see anything pointing to this man, except your
questionably legal search.'
'She let me in, Judge.'
Thomasino waved a hand.
Sixty-ish, he wore his gray hair brush cut. He had thick slab of a
face, a swarthy, liver-spotted complexion, and a reputation as a
judicial hardass.
It was Friday night and he had
been going home after a grueling week of earthquake-related delays, but
Glitsky had caught him at the back door and tried to guilt him back
inside. He'd come, but out of duty, not guilt, and now he wasn't
disposed to be cooperative, and he treated Glitsky to his bushy eyebrow trick - up and down over
the glare. No words.
'I don't need her testimony, your
honor,' Glitsky repeated. 'I just need what might be in the house.'
The Judge smoothed his hands over
the grain of his desk. 'Abe, this is a prominent man, not some lowlife
from the projects, not that as a matter of law that makes any
difference, of course. And you're telling me you didn't find out
anything incriminating from the phone records?'
Glitsky more or less agreed, but
tried to sweeten it by riffing around it for a couple of bars.
Thomasino stopped him. 'I don't see this one, Abe.' The Judge
straightened up in his chair, considering something, then decided to
come out with it. 'You know, Abe, this business of coming to Superior
Court when Muni turns you down is tricky. I know you've got good
instincts; you might even be right. But what I see here, I don't have
enough. Connor didn't either.'
'Judge...'
Thomasino held up his hand again.
'I understand you can't go back to Muni, not now. But you've got to get
me a little more. If you find it, come by the house, I'm around all
weekend. I'll sign off. But I need something I can point to. Do you
even know where he was on the night in question?'
'He was killing Victor Trang.'
A face, the eyebrows. 'Okay. But
what does he say?'
'He says he went to the driving
range, then came back to his office and worked late.'
'Well, if he did that, maybe
somebody saw him. Or didn't.'
'That may be.'
'Well, good luck,' the Judge
said. 'Have a nice weekend.'
Glitsky was damned if he was
going to find himself a picture of Mark Dooher and go trotting with it
out to the city's driving ranges, showing it to employees and asking if
they specifically remembered seeing him a week and a half before. If he
thought that course of events would produce any results, he might have
considered it, but he believed what he'd told Thomasino. Dooher had
been killing Trang that night, not hitting golf balls.
But the bottom line was that he
didn't have the signed warrant and couldn't go looking where he stood a
chance of finding, so what the hell else was he going to do?
Pondering, he was standing in the
downstairs lobby of the Hall, by the elevators, hands in his pockets,
oblivious to the passing throngs checking out for the weekend.
'Too much lemon in your tea,
Abe?' Amanda Jenkins, the Assistant DA who'd shared Levon Copes with
him, had moved out of the flow of humanity and, amused, was looking up
at him. 'That expression - I just sucked on a lemon - it's so you.'
'It so happens I did just suck
on a lemon.' He held up the unsigned warrant. 'But what's really made
my day is Thomasino's call on this.'
Jenkins snatched it away and
scanned it quickly. 'This looks good to me. House, car, office,
personal effects. What's the problem?'
'You'll notice the good Judge
didn't sign it. My first choice for perp appears to be a pillar of the
community, so he's got a higher probable cause threshold than lesser
mortals.'
'Ah, democracy.'
'Ain't it grand? I don't have any
evidence, so I can't get permission to look for evidence.'
'It's a beautiful system,'
Jenkins agreed. 'So what do you have? You got anything? You must have
something.'
Glitsky started to tell Amanda
what he did have - his hunches, the settlement background, the
discrepancy between Trang's women's story and Mark Dooher's, the hazy
alibi, the bayonet that had mysteriously - and apparently recently -
disappeared, and finally the one search warrant Thomasino had signed
off on, for Dooher's phone records.
'They don't by any chance include
a earphone, do they?'
'Yeah. But so what?'
Jenkins's normally stern visage
cracked. Her eyes lit up with excitement, with the thrill of the chase.
'You got time to take five, get some coffee? All may not be lost.'
The downstairs cafeteria was
nearly deserted, cavernous and echoing with the cleanup workers'
efforts. Glitsky and Jenkins brought their paper cups over from the
long stainless steel counter and were sitting down across from one
another at one of the fold-up tables. Amanda was already rolling with
it, explaining the new technological investigating-tool breakthrough
that had been discovered as a by-product of the cellular phone network.
'You never heard of it,' she enthused, 'because I don't think anybody's
ever used it to find out where someone was. Normally, they use
it to track where somebody is, right now.'
She could see Glitsky still
wasn't clear on the concept. 'Abe, you remember that big kidnap/ransom
thing in Oakland last year? Okay, the kidnapper, he's calling the
victim's family every five minutes, making ransom demands, changing the
drop point, making sure there's no trail, the usual. So guess what?
He's using his earphone, and one of our guys remembers an article in
one of those magazines we all throw away. He gets a brainstorm. He
calls the phone company, asks if there's any way they can tell, even
roughly, where a cell call originates. You know how it works?'
'I'm listening.'
'Big metropolitan area like
Oakland, there's maybe ten towers around the city - cells, hence the
name. Clever, huh? And they work like a combination amplifier/receiver.
If you're in your car, you move from one cell to the next and there's a
record of it.'
'Okay.'
'But, and this is the cool part, within
each cell there are also pie-shaped cones that pick up the signals.
So this guy, the kidnapper, he's talking on the phone, calling again,
yack, yack, yack. They figure out exactly which block he's driving
around, and they nail him.'
Glitsky was nodding. Amanda was
right. This, if true, was cool. 'But I don't see how it helps me here,'
he said.
'I don't either, Abe. But
Thomasino said he only needed a little more to get to probable cause,
right? So maybe your perp was ten miles away when he said he was at the
driving range, that kind of thing. Prove he lied. Hell, you've got the
warrant for the phone records already. Might as well use it all up.'
Sheila told him what she'd done.
'Are you kidding me?! That son of
a bitch! He came in here, lied to you, invaded our privacy? I'm calling
Farrell, calling somebody. This is pure harassment. I'll have the
bastard's badge!'
He threw his leaded crystal
bourbon glass with all his might and it smashed into the bottom pane of
one of the French doors, shattering glass all over the kitchen. 'That
son of a bitch!'
Sheila was in a deep couch in her
living room, crying. She was of a class and station that had grown up
believing in authority. Sergeant Glitsky had represented that to her.
And he had betrayed her, tricked her and used her to insult her
husband. She had put her husband in jeopardy. She couldn't stop sobbing.
Mark came over and handed her a
large glass of white wine and she held it with both hands. He sat down
next to her. 'It's all right, Sheila. How could you know?'
She shook her head, mumbling
through her tears, over and over: 'I should have known. I should have
just called you.'
He put the palm of his hand under
her glass and helped her raise it to her lips. She had to admit that it
helped. She took another mouthful, the good cool wine.
She'd been getting back to a
glass or two regularly lately and it hadn't caused her any ill-effects.
The doctors nowadays were always so paranoid about alcohol. She should
have started out taking their dire warnings with a grain of salt. This
wasn't hurting her at all. In fact, it was helping.
She got her breathing back under
control. 'The whole story didn't make much sense to me, Mark, but I
just thought—'
'It's all right,' he repeated.
'There's no harm done. I didn't even have any damn bayonet.'
'I know. But I didn't remember.'
'I lost the damn thing on a
camping trip five ten years ago, maybe longer. You don't remember?'
'But why would he think, the
Sergeant...?'
Her husband shook his head. 'I
have no idea. I knew Trang. Maybe I'm the most convenient warm body. I
think that's how these guys work.' He reached out, laid a hand on her
shoulder.
'So what happens now?' she asked
timidly.
Mark sat back into the couch.
'Now I think he'll probably come back with a warrant and tear the house
apart, and maybe my car, and the office. I've got the M-16, after all,
and he's seen it, and some Judge will probably believe that means
something and give him the search warrant. After all, I did steal it
from the Army, demonstrating my long-standing history of criminal moral
character.'
'You were twenty-three years
old!' she cried. 'You haven't broken a law in almost twenty-five years.'
'Well, I did cut the tag off a
mattress once.'
'Don't be funny. Please, not
now.' She was shaking her head. 'God, this is unbelievable. This can't
be happening to us.'
Farrell kicked himself for being
so stupid, but at the moment he hadn't seen any alternative. He had to
drive all the way home in the lower Sunset District to leave Bart
anyway, and he decided to make his calls to hospitals from there. Ten
minutes later, he found himself in his car again, driving the three
miles back, nearly an hour at this time on a Friday night, to within
500 yards of where he's started - St Mary's Hospital.
Wes hated almost everything about
hospitals - the smells, the light, the sound which somehow always
seemed to be simultaneously muted and amplified. As the elevator opened
on the fourth floor, he let out a sigh of relief. This wasn't the
Intensive Care Unit. He realized he'd been afraid to ask.
He stopped at the door to the
room. The bed wasn't visible - the room separators had been pulled
halfway around it - but Larry and Sally, Sam's brother and his wife,
were sitting next to one another, talking quietly.
'Hey, comrades,' he said. 'She
never calls, she never writes. Is this the party?' Then, seeing Sam,
her head wrapped in gauze, one arm above the blanket and one strapped
to her body, he came forward, up beside her bed. 'Hi.'
He found his hand clutched by her
free one. There were sickly black and yellow wells under both of her
eyes, a bandage over the bridge of her nose. He saw her make the
effort, to try to smile to greet him, but it cost her. Her eyes
moistened, and he leaned over to her, gently brought his cheek next to
hers, left it there. 'God,' he said. 'Thank God.'
'She's going to be okay.' He
heard Larry behind him. 'Couple more days and she's out of here.'
He straightened up, still holding
her hand, looking at her. 'I'll ask these guys,' he said.
Larry and Sally told him. Sam
had, actually, been very lucky, suffering only a concussion, a broken
nose, a broken collarbone, multiple bruises and abrasions. She'd been
buried by brick and mortar, but the beams in the ceiling had prevented the house
from collapsing on her. They'd pulled her out within three hours.
'And how's Quayle? Is he okay?'
Her grip tightened. She shook her
head and a tear broke and rolled across her cheek.
Glitsky thought the day might
never end, but the trail was getting hot, and this was where you didn't
quit.
After he left Amanda, he ran up
the outside stairs to Homicide, where he called the cellphone company.
Because of the earthquake, a supervisor, Hal Frisque, was actually on
duty, working late, pulling a ton of overtime. He would love to help.
So five minutes after faxing a
copy of his warrant to Frisque, Glitsky was again on the phone at his
desk, a map of San Francisco open in front of him.
'We're talking the seven-forty
call, is that right?' Frisque asked.
That's what I've got here,'
Glitsky said.
'Okay.' A pause. 'That's zone
SF-43. You got a map there? Looks like he was on the 280 Freeway. Had
to be, because a minute later, he got picked up in SF-42, so he was
going west.'
Glitsky was lost in
possibilities, but none of them helped him very much. True, Trang had
been killed near the 280 Freeway, south of it, on Geneva Avenue, but to
get to the San Francisco Golf Club and Driving Range, or to Dooher's
home for that matter, his car could have taken the same route.
But Frisque was continuing.
'Okay, now he moves to DC-3.'
'Further west?'
A short moment, then: 'No, mostly
south. DC, Daly City picked him up. Check your map. I'd say it looks
like he left the freeway at Geneva and went south. No way to tell how
far, because the call ends. Sergeant Glitsky?'
'I'm here.'
Dooher left the freeway and
turned south on Geneva at 7:41, knowing at that time that Trang was
sitting in his office alone.
Got him!
Archbishop Flaherty had canceled
his other appointments for this Monday morning. This was more
important. The entire situation was getting out of hand, as a matter of
fact. Over the weekend, the police had torn apart Mark Dooher 's world,
finding nothing that tied him to Victor Trang in the process. It was
unconscionable, irresponsible and appalling.
So his spartan office was crowded
with a gaggle of lawyers. His full-time staff corporate counsel, Gabe
Stockman, was punching something into his laptop. Dooher and he had
been in touch over much of the weekend, and now he and his attorney,
a man unknown to Flaherty named Wes Farrell, had arrived. They were
pouring themselves some coffee from the small table near the window
that overlooked the schoolyard.
'What I'd like to know,' Flaherty
said, 'is why they seem to have settled on you, Mark.'
Wes Farrell, the new guy, stopped
stirring his coffee. 'Mark owned a bayonet once. He talked to Trang.
They don't have anybody else. That's what they have. Beyond that, I've
got a theory if you'd like to hear it.'
'At this point, I'd like to hear
anything that makes sense.'
'Glitsky. Sergeant Glitsky. I
understand you've met him, too. That he attacked you, as well.'
'That might be a little strong,'
Flaherty said. 'He wasn't very sociable, let's just say that.'
'Well, regardless, Your
Excellency, I did a little checking, a couple of people I know at the
Hall of Justice. He is having some serious personal problems. His wife
is dying. He screwed up his last major investigation - which happened
to
be another one of my clients. At the same time, he's bucking for
promotion and he needs a high-profile success in a bad way. And guess
who oversees police promotions? The Chief, Dan Rigby, who's a pawn of
the Mayor, who is, in turn, just a little bit left-wing.'
Flaherty interrupted. 'You're
telling me this is political.'
Now Stockman looked up, putting
in his own two cents. 'Everything's political.'
Emboldened by the support,
Farrell was warming up. 'So here's how it breaks. The Mayor's support
is ninety percent blacks, women's groups and gays, am I right? Hell,
he's got two gay supervisors in his pocket. The Catholic Church,
represented by my client here, Mark Dooher, is anti-abortion,
anti-women priests, anti-gay.'
'That's not entirely accurate,'
Flaherty said. He really didn't like the anti-this and anti-that
rhetoric. If Farrell was going to be representing Dooher, he'd have to
try to get him to re-tool his vocabulary. The Church was pro-life,
pro-family, pro-marriage. It was not a negative institution.
But Farrell waved off his
objection and kept rolling. 'So Glitsky is willing to go the extra mile
to bring Mark to grief. Even if the evidence is lame, and it's less
than that, he puts himself on the side of the people who can promote
him, who can watch out for his ass. Pardon the language.'
The room went silent.
'Could that really be it?'
Flaherty asked. 'That's very hard to believe. I mean, this is the
police department of a major city.'
Farrell sipped his coffee. 'It's
one man.'
Dooher held up a hand. His voice
was cool water. 'Glitsky's not the issue here, Wes. There is absolutely
no evidence tying me to Victor. I was out driving golf balls. I forgot
to tell Glitsky that I had stopped on Geneva to get gas on the way out
to the range. I foolishly paid with cash. The attendant who took my
money had his nose buried in some Asian newspaper and consequently
didn't remember me or my car. Or anyone else, I'd wager. So Glitsky
thinks I lied, covered up. That's not it. Even if Glitsky's out to get
me, somebody out there has got to believe I'm innocent. Maybe the DA
himself, Chris Locke.'
This, Flaherty realized, was why
he valued Dooher so highly. He saw things clearly. Even here at the
center of this maelstrom, he was formulating a firm, effective
strategy. It was ridiculous to think that Mark Dooher would ever have
to resort to violence of any kind. He was too smart. He could destroy
without a touch. 'Let me try that,' Flaherty said. 'I'll call Locke,
explain the situation. See if he can help clear things up.'
Chris Locke was the city's first
black District Attorney and a consummate political animal, and he was
sitting alone in his office thinking about Archbishop James Flaherty,
with whom he had just spoken.
Locke knew that Flaherty
influenced a lot of votes in San Francisco through parish homilies,
position papers, public appearances, pastoral letters. He also knew
that conservatives, comprising perhaps thirty percent of the city's
voters, played at best only a peripheral role in any election, but that
it would be foolish to ignore them completely. Locke, though a
prosecutor, was on the Mayor's liberal team (as any elected official in
San Francisco had to be), but his private support of the Archbishop
might in some future election tip the scales in his favor. Locke
thought that cooperating with a powerful conservative like Flaherty,
behind the scenes, was worth the risk.
But something in Locke knew it
wasn't just the votes. It was more visceral, more immediate, and he was
addicted to it - having something on people who held authority
and power. And Flaherty had taken the unusual step of asking Locke for
a favor. That was worth looking into.
Though he directed all
prosecutions in the city, Locke was rarely current on the progress of investigations
being conducted at any given time - they were police business. The DA
came later.
But, of course, he had his
sources. He could find out.
Art Drysdale sat behind his desk
juggling baseballs. Now in his late fifties, he'd played about two
weeks of major league ball for the Giants before he'd gone to law
school, and the wall behind him still sported some framed and yellowing
highlights from college ball and the minors.
For the past dozen years,
Drysdale had run the day-to-day work of the DA's office, and Locke
depended on him for nearly all administrative decisions. The DA had
come down to Drysdale's smaller office, knocked on the door, and let
himself in, closing the door behind him.
Drysdale never stopped juggling.
'How do you do that?'
'What? Oh, juggling?'
'No, I wasn't talking about
juggling. What makes you think I was talking about juggling?'
The balls came down - plop, plop,
plop - in one of Drysdale's hands, and he placed them on his desk
blotter. 'It's a gift,' he said. 'What's up?'
'What do you know about Mark
Dooher?'
The Chief Assistant DA knew just
about everything there was to date about Mark Dooher. Drysdale believed
in a smooth pipeline from the police department, through the DA's
office, and on to the courts. He stayed in touch with Chief Rigby, with
the Calendar Judge, with his Assistant DAs, such as Amanda Jenkins. He
generally knew about things before they officially happened, if not
sooner. If asked, he would undoubtedly say that his prescience, too,
was a gift.
So he ran the Dooher story down
for his boss. It was a tasty mixture: Flaherty's fears, Dooher's
mysterious turnoff onto Geneva near the time of the murder, the bayonet
question, the interviews with Trang's women, Glitsky's recent
over-aggressive stand on Levon Copes, the stress he was under because
of his wife's illness.
'But not much evidence yet?'
Drysdale shook his head. 'Not
that I've heard. They searched all weekend.'
'Flaherty says this Dooher is a
pillar of the community.'
'Community pillars have been
known to kill people.'
'We know this, Art. But His
Excellency thinks that maybe Glitsky's harassing Dooher for some
reason.'
'The famous "some reason"
'The point is, Flaherty is really
unhappy. Really unhappy. He's also worried that Glitsky will
arrest Dooher for murdering Trang anyway, even if he's light on
evidence.'
Drysdale was shaking his head no.
'Glitsky's a stone pro, Chris. He's not going to arrest him without a
warrant. If there's no evidence, there's no evidence.'
'And there is none?'
'Nowhere near enough. So far.'
'So I can tell the Archbishop he
needn't worry?'
'If things don't change. But,'
Drysdale held up a warning finger, 'they often do.'
'I'll keep that in mind, Art. But
in the meanwhile,' he stood up, 'if we're hassling this guy, whatever
reason, I want the word out it's to stop. We get righteous evidence or
we let it go. We in accord here?'
'That's the way we always do it,
Chris.'
Locke was at the door. 'I know
that. I don't want to criticize a good cop who's having problems, Art,
but Flaherty seems to know that we've got no matching hairs or fibers
or fingerprints, no blood, no bayonet. And no motive. Am I right?'
'Yep.'
'All right.'
Drysdale stared at the door for a
moment after it closed behind the DA. Then he picked up his baseballs
again. Locke, he thought, had his own gift: the man knew how to deliver
a message.
Glitsky's fears about his wife
were well founded. After three days of whirlwind house-cleaning
following the earthquake, she had faked feeling better on Sunday
morning. When Glitsky had left to continue serving his search warrant,
she had gone back to bed.
She sent all three boys out to
the movies, with instructions not to return until dinnertime. Flo knew
that her nurse, and Abe's father Nat, would be back on Monday. She
thought she'd be fine until then. She didn't want to burden anybody,
which is all she did anymore.
But this morning she hadn't been
able to get out of bed. The nurse was in with her. Abe had put off
going to work and now he and Nat sat in the living-room armchairs in
the same attitude - hunched over, elbows on their knees.
'She's got to do what she's got
to do, Abraham. Maybe all the cleaning, it did her some good. For her
soul.'
Glitsky didn't have it in him to
argue anymore. It had been a thoroughly dispiriting weekend. Hours of
work and nothing to show for it. There had been no sign of Mark
Dooher's bayonet. The lab would be coming in with microscopic results
over the next few days, but Glitsky held out little hope of finding
anything. Dooher had lots of suits in his closet at home, ten pairs of
shoes, and all of them were pristine. It had been basically the same
story at his office - fewer clothes, but everything spotless. His files
gave no indication of any meeting with Trang. He kept his golf clubs in
the trunk.
And in pursuit of those meager
pickings, Abe hadn't been there for Flo, and now his father was talking
about her soul. Well, he no longer cared about her soul. He cared about
her body - that it wasn't causing her pain, if it could somehow stop
betraying her. Even, God forgive him, that it let her rest for good.
'Maybe you're right, Dad. Maybe it helped her soul.'
'But you don't think so?'
He shrugged. 'It doesn't matter.
She did it. It wore her out. Now she's worse.'
'But for those couple of days,
she was better.'
There was nothing Glitsky wanted
to say. He might feel like howling at the moon, but he didn't want to
yell at his dad, who was cursed with the need to find meaning in life,
an explanation for the randomness of experience.
The telephone rang and he made
some hopeless gesture to Nat, got up, and went to the kitchen to answer
it.
It was Frank Batiste. Locke's
message had made its way through the system, and he heard it, said,
'Thanks,' and hung up.
'Who was that?' His father was
standing in the hallway between the kitchen and his bedroom.
Glitsky stared ahead. 'Work.'
'If it's important, you can go
in. I'll be here. Flo—'
'No,' Glitsky said. 'Just a case
closing, that's all.'
Part Three
On Tuesday, June 7, about six
weeks after Abe Glitsky was told to forget about Mark Dooher and Victor
Trang, he got a call at his home. It was 11:14 by the clock next to his
new bed. He had gotten home an hour before, turned on and off the
television, made a cup of tea, opened a book. Finally, he had gone in
to his bedroom to lie down.
The house was empty now, except
for him. The boys were staying at a friend's until Glitsky could finish
the interview process for the nanny/ housekeeper he was going to hire.
In the first five days after
Flo's death, he'd talked to two pleasant-enough young women, and both
interviews had been disasters. Glitsky knew he had been to blame - he
probably wouldn't have hired himself under these conditions. He should
give himself a week or two to come to grips with his desolation, his
anger, his despair.
He was fighting to keep
desperation out of the picture, too, reminding himself that there
really was no hurry; it had only been a few days. He'd find someone.
The new bed was a double. He and
Flo had had a queen, but the first night after she was gone he found he
couldn't make himself get into it. He knew he would keep turning as he
tried to sleep and be newly surprised to find her side empty time after
time. So that first night he'd slept, or tried to, on the couch in the
living room. The next day he'd called the Salvation Army and they'd
come and then the bed was gone. But even the smaller one felt enormous.
He was still in his clothes, one
hand over his eyes, squinting at the digital clock. He reached for the
telephone.
'Glitsky.'
'Abe, this is Frank Batiste. I
know you're on leave and you can say no, but they got me at home and
asked, and I thought you'd want to decide for yourself. We just got a
nine one one from a frantic husband in St Francis Wood. His wife's been
stabbed. She's dead.'
'Okay.'
'The caller was Mark Dooher. The
woman's his wife.'
His feet were over the edge of
the bed, on to the floor. 'Send a squad car by. I'll hitch a ride with
it.'
Glitsky didn't hear Batiste start
to ask if he was sure, he didn't have to ... he'd already hung up.
He remembered the house more
vividly than he would have thought. He saw a lot of homes in his job
and they tended to blur together. But this one was distinctive with its
tiled front courtyard behind the low stucco fence, the turret in the
front, the semi-enclosed entrance, the broad sweeping lawn with its
fifty-year-old magnolia tree which was in bloom, scenting the clear,
still-warm air.
Glitsky stood a minute surveying
the front of the house, now all lit up. Someone was moving in the
turret, but he couldn't see through the blinds. The coroner's van
hadn't yet arrived, but there was an ambulance in the driveway. Three
other black and white squad cars from the early responding officers
were parked on the street. The yellow crime-scene tape had been hung
over a wide perimeter around the driveway and across the lawn. Within
it, a couple of uniforms were standing guard, talking.
Glitsky had to remind himself
that this was St Francis Wood, and that police response time here was
measured in minutes, not hours as was often the case in less tony
neighborhoods.
He was directed to the driveway
and saw three other men standing in front of the ambulance. The two in
uniform would be the Lieutenant and the Sergeant from the district
station, which was Taraval. The third saw Glitsky and started walking
down toward him. It was Paul Thieu.
On Glitsky's recommendation,
Thieu had recently been detailed full-time to the death department, and
he'd been in the office at the Hall pulling long hours when the
eight-oh-two - a coroner's case - had been patched through from
emergency services. Thieu had called Batiste, which was why Abe was
here.
Glitsky met him halfway. Further
up the drive, he noticed the pool of light under an open side door.
'Where's Dooher?'
'Library downstairs, over in that
turret area. Couple of guys are with him.' Thieu had quickly improved
in the chatter department. He'd also learned how to answer questions.
'Okay. I guess he'll wait.'
They approached the Taraval
station people - Lieutenant Armanino and Sergeant Dorney - and Thieu
introduced Glitsky around. Armanino was taking pains to explain to the
downtown Homicide Inspectors that the guys from his station had secured
the place well. The woman upstairs was, in fact, dead. She'd been
obviously and thoroughly dead when they got here. So the paramedics
hadn't moved the body or touched anything.
Thieu needed to talk. 'Stabbed in
her bed, Abe. It looks like a burglary gone bad, maybe attempted rape.
Sheets and blankets tossed pretty good. Lots of blood - she must have
cut the guy.'
Hands in his pockets, Glitsky
nodded. 'Okay, let's go on up.'
'Before you do,' Armanino
interrupted,
'there are a couple of other things, Sergeant. The paramedics and
responding officers were here when we arrived, but we got here right
after. Nobody else had been on the driveway. There was no
obvious blood on it,
though there might be a drop or two, some spatter. I'll keep it clean
till the crime-scene guys get here.' Armanino was a stickler for
details. Glitsky thought it was undoubtedly how he'd made Lieutenant.
'But in the meanwhile, one of my guys' - he indicated the policeman
standing on the driveway - 'found this.' He showed Glitsky a Ziploc bag
containing something white dotted with red.
Glitsky took it. 'What is it?'
'It's a surgical glove. It was
there in the dirt by the back door, which was evidently the point of
exit. Maybe entry, too. The light bulb, by the way,' again he indicated
with gesture, 'was dark, unscrewed.'
'Unscrewed?'
Armanino nodded. 'Dorney here put
on his own gloves and turned it and it came right back on. And this.'
Another, larger bag contained
what, at a glance, appeared to be the murder weapon - a high-quality
kitchen knife. The blade's pretty clean, isn't it?'
'It got wiped.'
'But a lot upstairs?'
Armanino shrugged. 'You'll see.'
What it meant, if anything, wasn't for him to determine. Neither was
Glitsky's definition of 'a lot'. He was simply reporting what he and
his men had found.
'That it?'
Armanino looked at Dorney and the
Sergeant nodded. A well-oiled machine, these two. Good cops. 'For now,
I think so.'
'Okay, Paul,' Glitsky said,
'let's go.'
At the side door, he turned and
added quietly, 'Thanks for having Batiste call me.'
The side door opened on to a
laundry room with black and white checkered tile floors, a washing
machine and dryer. They walked through into the beautiful,
marble-countered kitchen, where Glitsky had once sat with Sheila Dooher
and had tea.
There were voices coming out of
the turret room, but Glitsky followed Thieu as he turned into the foyer
and they ascended the stairs to a balustraded landing. It seemed that
every light in the house must be on.
A large, circular rug with a
Navajo design covered the floor up here. Two panelled doors on the left
were now closed.
The bedroom was huge and well
lit. Double French doors led to a balcony. There were two darkwood
dressers, and a door through which he could see a makeup area and,
beyond that, the bathroom.
The woman lay diagonally across
the king-sized bed in an awkward position - half turned with one arm
under her, the other splayed. Glitsky stood a minute, registering it.
Something, though he couldn't say precisely what, struck him as odd.
She looked almost as though she'd been dropped.
He remembered the face and looked
at it now. In death, there was no sign of fury in Sheila Dooher's last
moments - in fact, Glitsky thought, her expression was remarkably
peaceful. The hair, mussed from sleeping, still bore the traces of its
last brushing and, perhaps tellingly, no visible blood.
Which is not to say there was no
blood elsewhere. A blood-spattered white cotton nightie was bunched
around her neck, covering her left breast, leaving the right exposed.
Only one wound was visible, a inch-long slit out of which seeped a
brownish-red ribbon. Her underpants were still on, though they'd been
pulled down forcefully, and were ripped.
Glitsky straightened up, backing
away a step for a wider angle. Thieu's statement about the blood was a
relative one. But Glitsky knew that blood was one of those things - if
you weren't familiar with it, a little could go a real long way.
Glitsky's first take on the blood
in this case was that there wasn't nearly enough of it. Even Victor
Trang had bled substantially more than this, and his killer had used
the bayonet to plug the flow. If the knife-wound here had gone to the
heart with the victim on her side, which was what it looked like, there
should have been massive quantities of blood. Pints. Not a cupful.
'What?' Thieu asked.
But Glitsky didn't answer.
Instead, from his new vantage point, back a little from the bed, he
noticed something he should have seen immediately. He wasn't going to
touch or move the body to make sure, but there were four or five other
apparent blood marks on the nightie - he leaned in to see more clearly,
now that he thought he knew what he was looking at. They were like
brush strokes - straight-sided and tapering, the concentration of blood
heavy at one end and lighter at the other.
It could only be one thing,
something he'd seen only once before - with Victor Trang - in his
career.
The killed had wiped the blade
off on his victim's clothes.
Farrell didn't look like a lawyer
at the moment.
He was in the pair of white
painter's overalls that had been next to his bed. He'd finally finished
all the repairs, the caulking and the cracks in the walls of his
apartment. For the past few weeks, after work, when he wasn't visiting
Sam, he had been haphazardly painting a baseboard here, a door there.
Tonight, after the midnight call
from Mark, he threw on the paint-stained pants, stepped barefoot into
his trashed topsiders, threw on a ragged and grubby University of
California sweatshirt, and grabbed his Giants hat from the peg by the
door.
So he didn't look like a lawyer,
but he wasn't here as a lawyer. At least he didn't think so. He was
here as a best friend. Mark's voice had been calm, though there was no
mistaking the anguish. They'd had a burglar, he said. Sheila was dead.
He pulled his Datsun up behind
the police cars. The driveway and the street in front of Mark's house
were clogged with the ambulance, the coroner's van, the knot of curious
neighbors, two local news trucks.
He went up to the nearest
uniform. 'Excuse me, I'm a friend of the resident here. He asked me to
come over. I'd like to go up to the house.'
The cop had his orders, though.
His arms remained crossed, and he shook his head. 'Afraid not. This is
a crime scene. It's closed to the public.'
'I'm not the public. I'm an
attorney.'
The officer looked him over.'Then
be an attorney outside. This is still a crime scene.'
'Look, why don't you go ask Mr
Dooher if he wants Wes Farrell up there with him?'
'You're Wes Farrell?'
'Yeah.'
'Well, Wes, we don't run things
the way Mr Dooher wants them run, especially at a murder scene. You
know what I mean? We're investigating a crime here. We don't want
people tramping all over the evidence. That's how we do it. Now, when
we're done, you can go up. Meanwhile, somebody comes out, I'll send
word up if I can
see some ID.'
Wes patted his empty pockets. He
could visualize his wallet on the top of the dresser next to his bed at
home.
He considered breaking and
running up the pavers, but figured he'd get shot or arrested or
something for his troubles. No. The only hope was to drive the two
miles back home and get his goddamned ID. 'Have a nice night,' he told
the cop.
A polite smile. 'You, too.'
The CSI - crime-scene
investigation - unit knew the drill, and Glitsky knew them. He didn't
want to step on toes, but he wasn't working backward from any theory
now. This time he was looking at what he knew was evidence, not wanting
it to go away through inadvertence or simple bad luck.
He walked up to Sergeant Jimmy
Ash from the photo lab, a gangly, forty-year-old freckled albino who,
tonight with the late hour, even had pink eyes, and who'd already
'painted the room' in videotape. Ash was standing by the bed, taking
stills of the body that had been Sheila Dooher.
'Hey, Jimmy. You got any special
technique for splatter stains?'
'The blood?' He swallowed, a
prominent Adam's apple bobbing. 'No, nothing special. Clear photos - my
particular area of expertise, you know - and something to provide
perspective in the picture. You see something?'
'I think so.'
'Then you got it.'
Thieu was standing next to them
both. Glitsky could figuratively almost hear him panting there, dying
to ask what he'd seen and having no clue. He started to take pity on
him, turned to answer, when Alice Carter, the coroner's tech from the
other side of the bed, spoke up.
'Abe?' She pointed a finger at
him and curled it toward her. Come here. 'Anybody move this body?'
'I don't think so. Not since I've
been here.'
Thieu spoke up. 'She was this way
when I came in, too.'
'I think you want to be sure on
this. The responding officers still below?'
Thieu was already moving out the
room's door, going to get them if they were still there.
'Why?' Abe asked.
Ms Carter pointed at Sheila
Dooher's bare right shoulder, the exposed back beneath it, a slight
darkening, red under the skin. 'Because we've got what looks a whole
lot like fixed lividity here in the upper right quadrant.'
'Which means she was moved ...'
'Right, and after she'd been dead
a while.'
It was well after midnight. Thieu
trailing behind him, Glitsky stopped in the doorway to the library and
caught Dooher in an unguarded moment, sitting back in his wingchair,
legs crossed, talking with another man. He couldn't hear what they were
saying, but Dooher's expression was bland, his body language relaxed.
It had been a week now since Abe
had lost his wife and he had yet to draw an easy breath. His tired
muscles seemed as though their ache would never end and his jangled
nerves, strung with fatigue, twitched like a thoroughbred's.
And here was Dooher, his wife
gone less than three hours, all but holding court. The comparison
invited conclusions. Glitsky was going to have to concentrate to keep
his personal feelings from intruding.
This had to be by the book.
Today's date is Wednesday,
June 8th. The time is approximately 0020
hours. This is Sergeant
Inspector Abraham Glitsky, star number 1144.
/ am currently at 4215
Ravenwood Drive, San Francisco. Present
and being interviewed is Mark
Dooher, Caucasian male, 4/19/47.
With me is Sergeant Inspector
Paul Thieu, star 2067, and Mr Dooher's
attorney Wes Farrell.
Q: Mr Dooher, I'll be
tape-recording your statement, as you can see.
Do you have any objection to
this?
A: No, none.
Q: But, for the record, your
attorney did raise some objections to
your coming downtown to give
your statement.
A: (Farrell) Sergeant, we've
been through that. It's after midnight
and the man's wife has just
been killed. Since Mr Dooher wasn 't home
all night, he couldn't
possibly be a suspect in this crime. He voluntarily
has agreed to give a statement
here and now. There's no reason to go
downtown.
A: (Dooher) It's all right,
Wes. What do you need for the statement,
Sergeant?
Q: How about starting by
telling what you found here tonight?
A: All right. At about nine
forty-five, I got home from hitting a couple
of buckets of golf balls at
the San Francisco Driving Range, (pause)
As you know, I've had some bad
luck with driving ranges lately.
Q: You got home at quarter to
ten . . .
A: Right. I came inside . . .
Q: What car were you driving
and where did you park?
A: I was driving my Lexus.
It's light brown with personalized plates
reading ESKW. I drove up the
driveway and parked in the garage
behind the house. I closed the
garage door behind me - it's automatic
- and walked out the side door
of the garage on the path next to my
back lawn, to the driveway,
and in the side door.
Q: Was the door locked?
A: I don't remember, to tell
you the truth. I wouldn 't have noticed
anyway. I always just put my
key in first, give it a turn, it opens. I
don't remember specifically.
Q: Do you remember if the
overhead light was on?
A: No. I don't believe it was.
It must have burned out.
Q: Okay. What did you do then?
A: I went to turn off the
alarm system - we have a box next to the
doors - and I noticed it hadn
't been set.
Q: Was that unusual?
A: Unfortunately, no.
Sheila... that was one of the things she wasn't...
A: (Farrell) Give him a
minute, here, would you ? You all right, Mark?
A: (Dooher) Yeah, okay. Sorry.
Sheila often forgot to set the alarm
system. She would go in and
out a lot and thought it was silly -
unnecessary - while we were
home. She thought it was more for when
we went on vacation, times
like that. She thought I was paranoid.
Q: All right. Then what?
A: Then I went into the
kitchen, did the dinner dishes which were still
there. Then I had a beer and
read the mail.
Q: You thought your wife had
gone up to bed?
A: I knew she had gone up to
bed, Sergeant. We'd split a bottle of
wine for dinner. She hit the
wall around seven-thirty and said she
wanted to turn in. So I
thought I'd go to the range. Anyway, I finished
my beer and went upstairs . . .
Q: Did you touch your wife?
A: No. I turned on the lights
and it was obvious she was dead. I
suppose I froze a minute or
two. I don't remember. Then I guess I
called nine one one.
Q: And then what?
A: Then I sat on the stairs
and waited. No, I checked the other upstairs
rooms, too.
Q: You didn't try to
resuscitate her, anything like that?
A: (Farrell) Sergeant, he's
answered that. She was obviously dead.
Q: Did you touch the body at
all?
A: (Dooher) There was blood
all over the place! There wasn't any
doubt - you can tell when
somebody's dead. I didn 't know what to do,
to tell you the truth. I don't
even know exactly what I did. I was afraid.
I suddenly thought the guy
might still be in the house. I don't know. I
just don't know.
Q: I'm sorry, Mr Dooher, but I
need a specific answer to the question.
Did you at any time up to
right now touch Mrs Dooher's body?
A: No.
Q: All right, let's go back.
Earlier in the day, before . . .
A: (Farrell) What's that got
to do with anything, Sergeant?
A: (Dooher) It's okay, Wes. My
attorney here wants to make sure I
don't say anything to
incriminate myself. But I can't incriminate myself
since I didn't do anything.
How far back do you want to go, Sergeant?
Last week?
Q: Let's start when you got
off work.
Christina stood by the French
doors and watched Dooher move about his backyard, greeting the other
mourners.
She was fighting the feeling that
she really didn't belong here, guilt that in her heart she didn't mourn
Sheila Dooher's passing. It freed Mark - there was no sense denying it.
She sighed heavily.
'I'm glad you're here. I don't
know anybody.'
She turned to see Sam Duncan, her
arm still in a cast. 'You know me now. But why are you here?'
Sam gestured behind her. 'Wes.
He's taking over details for Mark for a while. Even without the police
stuff, this whole thing is just so horrible.'
Christina laid a hand on Sam's
arm. 'What police stuff?'
'Damn.' Sam's face clouded. 'I'm
not supposed to talk about it. Wes doesn't want any rumors going
around.' She lowered her voice. 'He's worried that they're going to say
Mark did it, killed his wife.'
Christina mouth dropped. The idea
was absurd. 'What? He wasn't even here, was he? How could he have—'
'I know, but Wes is afraid they
might. I mean, so soon after the Trang thing and all.'
'But they didn't find anything
there either.'
'No, but apparently our friend
Sergeant Glitsky didn't like being proven wrong. And he's the Inspector
on this case.'
'But Mark wasn't even here!'
'Evidently the police can make a
case that he was.' Sam held up a hand. 'Wes says if they really want to
get you, they can make your life pretty miserable.'
'I guess they didn't really want
to get Levon Copes.'
Sam made a face. 'Still a sore
subject. But that was Glitsky, too.'
'But what does Glitsky have
against Mark?'
'No one knows. Wes isn't sure if
there's any reason. And nothing's happened yet. He's just worried. He
thinks Glitsky might be overworked and guessing wrong. He did screw up
on Levon Copes. And you know about his search warrant on Mark. There's
two strikes.'
'You don't think he'd plant
evidence, do you? The police don't really do that, do they?'
Sam shrugged. 'I don't know what
they'd do.'
Farrell was sitting in a corner
of the kitchen with a beer, listening to Mark's two youngest children,
Jason and Susan, talking to their friends. He'd known the two kids
their whole lives, and they looked very much alike, both very thin with
slack blondish hair, waif-like features, and piercing green eyes
- Mark's eyes. Susan wore black silk - tunic and pants - and Jason had
the baggy pants, an outsized brand-new dress shirt buttoned to the
collar, a camouflage jacket.
None of Farrells own kids had
made it home for the funeral, which very much disappointed him,
especially since Sheila and Mark had been godparents to Michelle, his
youngest. But he consoled himself with the fact that neither had Mark's
eldest, Mark Jr, the wildcatter sculptor.
Wes had tried to help Dooher out
with breaking the brutal news, making the call to Mark Jr, and had been
unprepared for the venom he'd heard. His dad never needed him for
anything before - he didn't need to see him now. Besides, it was too
much of a hassle to come down from Alaska, he said. His mom was already
dead anyway. What good was it going to do? And he didn't have the money
to spare.
Oh, Dad was offering to pay, to
fly him down? No, thanks - one way or another, he'd wind up owing him.
He'd have to pay. Even for something like this.
All the young people were
drinking beer.
He was comfortable here in the
kitchen with them, especially since Lydia was out in the great room,
mingling as she did. So he was avoiding her. And he didn't particularly
want to introduce her to Sam, either. That kept him in here, too, not
that it had been uninteresting up to now. He was learning a lot,
listening. Just edit out the 'dudes' and profanity and most of it was
English.
Jason, sitting on the counter
now, had sat next to his sister in the pew with Mark, but both of them
down five feet or more from their father. An eloquent-enough statement.
The boy cried at the Mass, but was over that now.
He was enthusing over the snow in
Colorado, the winter he'd spent back there, how he was going down to
Rosarito from here, surf the summer away, like, starting tomorrow. He
had to get out of here. This scene here with his dad was just too weird.
His sister leaned up against the
sink, holding hands with another young woman. 'How Mom took it I don't
know,' she said.
More Dad-trashing coming up, Wes
thought - even a child could do it. Suddenly, stoked by the beers, he
stood, deciding to butt in. 'Hey, guys. How about you give the old man
a break, would you? He's having a tough enough time.'
Susan nearly snorted. 'Dad
doesn't have tough times.'
'I've just been through one with
him, dear.'
'I'm sure.' She dropped her
girlfriend's hand and walked the four steps over to him - a bit
unsteadily. 'You think you know my dad, don't you? You think he's
devastated by all this?' She shook her head hopelessly. 'You're a good
guy, Wes, I really think you are, but dream fuckin' on,' she repeated.
'Dream on what, Susan? What are
you talking about?'
Jason: 'Hey, come on, look
around.'
'I'm looking around. What am I
supposed to see? I see your dad trying to maintain here. I see he's
lost his partner.'
Susan snorted derisively, nodded
over at Jason. 'Six months?'
'Tops,' he said.
'What are you guys talking about?'
They were both shaking their
heads, but it was Susan who said it. 'You'll find out.'
Finally summoning the nerve,
Christina walked out into the backyard. He was standing now in the
dappled sunlight under the budding elm, and she thought she had never
seen a more magnificent face.
Not the face per se, but
that it so clearly reflected the man beneath, that was what
was so magnificent. It was all there - the agony he was in, the
strength to bear it, the grace, eventually, to rise above it.
He was deep in conversation with
a priest who wore a black cassock with a purple lining, but when he saw
her, it was as though he bestowed some benediction on her, pulling her
forward, to him. Almost physically, she felt her steps grow light.
Welcome, even now.
Taking both her hands, he leaned
forward and kissed her on the cheek. 'Thanks for coming.'
'I couldn't not have.'
They were still holding hands.
Suddenly, realizing it, he gave a brief squeeze and let go. 'Well . .
.'
Remembering, turning back to the priest. 'I don't know if you've met
the Archbishop of San Francisco, James Flaherty. Christina Carrera.
Christina's one of the firm's future stars, Jim.'
She shook Flaherty's hand, heard
him uttering the usual commonplaces, kept her smile in place. But her
eyes and mind stayed on Dooher.
He was holding up, his own eyes
elsewhere - within - crushed by the weight of his loss. He caught her
watching him, then, and tried to smile, an apologetic turn of the lips
for having caused her, even briefly, to glimpse the pain he was feeling
within. He did not mean to show it, to wear it on his sleeve. He was a
man. He would be all right. It wasn't anyone else's problem. He was
alone and he would survive.
She thought her heart would break.
Seeing her ex with another woman
- of course younger, that's what they all did, wasn't it? - had gotten
under Lydia's skin. Not that she was romantically interested in Wes
anymore - heaven forbid! - but it skewed her vision of her own
importance.
How dare he!
So after Wes and Sam had gone,
Lydia decided she deserved a couple of drinks. Then, in the kitchen,
she'd gotten to talking with the kids - she was godmother to Susan,
'Aunt Lyd' to Jason - and they traded Sheila stories - laughing, crying, laughing again.
Rituals.
The two children left when their
father had finally come in from the backyard, after nearly all the
other guests had said their goodbyes. The kids' departure wasn't
exactly abrupt, but it wasn't leisurely either. After the exodus, Lydia
had exchanged one of those 'what-can-you-do' glances with Mark, then
picked up the bottle of gin on the counter.
'How about one?'
His shoulders sagged. From
Lydia's perspective, Mark had held up like a trooper all day, making
the required rounds, having to listen again and again to how sorry
everybody was, to the advice and the sympathy and the anecdotes. He had
been endlessly patient, as he always appeared, under tight control.
That was Mark Dooher, after all.
Although, just for a moment, the
final abandonment by his children did seem to take the resiliency out
of him. Then he bounced back, smiled, nodded. 'Hit me a good one,' he
said.
She was sitting on one of the
barstools, and when he came over, she rubbed a hand across his back. He
straightened up, leaned into it. 'That beats the drink,' he said. But
then he took the drink, too.
She'd stayed to clean up. She
knew the house, was good with the caterers. It was a help having her
there. Everybody else had gone by 6:00, and she went back into the
kitchen and though they certainly didn't need it, poured two gins on
the rocks and brought them out to where he sat in the living room, in
his black suit, his hands shading his eyes, at one end of the
chamois-soft white leather couch.
They clinked glasses. 'Long day,'
she said. 'Why don't you take off your coat and stay awhile?'
'I guess I should.'
As though she were his valet, she
helped him out of it. On the way over to the closet to hang it up, she
caught sight of herself in the large gilt hall mirror.
Stopping there, she had to think
again that Wes was an idiot. She was slightly out of focus, but she
looked terrific. In her own black tailored suit, her high heels and
black hose, she could have been ten years younger, trim, toned, her
hair lightened to ash, cut a la Princess Di.
Well, screw Wes and his
girlfriend.
She hung the coat in the closet.
The day was still warm and suddenly the top of her own suit felt
binding. She unbuttoned it, shrugged out of it, and hung it next to
Mark's. Her black blouse, too, was tight at her neck, and when she came
back to him, it was undone to the second button.
He handed her her glass, and she
stood in front of where he sat as they chinked them again. She felt him
looking up at her as she drank.
'God bless gin,' she said. 'I
don't think I've had anything but wine for six months. But sometimes
you need a real drink, don't you think?'
'Here's to that.' He tipped his
own glass back. 'To quote the great Dean Martin, that sometime is now.'
'Get you another one?'
He drained his drink and handed
her up his glass. Back in the kitchen, she grabbed the silver ice
bucket and the bottle of Bombay and brought it out with her, setting
them on the coffee table, building two fresh ones.
She was standing in front of him
again.
'Here we are,' he said. 'Who
would have thought it?'
She stepped out of her heels.
'How are you, Mark? Really?'
He took a thoughtful sip, rotated
his head, brought his hand up behind his neck.' Tell you the truth, I'm
tight as a drum.'
Putting her glass down, she
walked around behind the couch and put her hands on his shoulders.
'Close your eyes,' she said. Take a deep breath.'
As her thumbs dug into the
muscles around his neck, he let out a small groan of relief. 'You've
got a half-hour to cut that out, Lydia.' His head fell back against the
couch and he slumped down.
She stopped. 'Now your angle's
all wrong.'
'That's what she said.'
'Down on the floor,' she said.
'On your stomach.'
He was stretched out as she'd
directed, arms folded now under his head. She knelt at his waist,
reaching up, and began to knead his shoulders, his neck, down his
backbone.
Reaching across, then, over the
broad back, another bad angle. She straightened up, hitched her skirt
up, and straddled him, her hands moving, pushing, rubbing. Pulling the
shirt out, then, going under it. Up his backbone with her thumbs.
Another sigh of pleasure.
She reached to her side and undid
the button then, unzipped, stood and stepped out of her skirt, her
nylons. Dooher still lay on his stomach, unmoving.'Turn over.'
His eyes were closed, his hands
crossed behind his head. The belt, then, the button. Zipping slowly
over the bulge.
He still didn't move.
Sam and Wes were on the roof of
his apartment building, sitting barefoot in beach chairs, holding
hands, watching the sunset. Bart lounged between them. A small pot
barbecue smoked and Sam had turned Farrell's boom-box radio to a
country music section, which he barely knew existed until six weeks
before.
Now he was worried that he was
getting hooked on the stuff. Something in him rebelled at the idea of a
middle-aged urban professional like himself relating to this corn, but
dumb as they were, about every fourth song seemed to bring a tear to
his eye. A couple of tunes over the past weeks - Tim McGraw's Don't
Take The Girl and Brooks & Dunn's Neon Moon - had
made him outright weep.
When he'd been alone, painting.
But all of 'em were about those
country things - old-fashioned values, Mommy, Daddy (sometimes Grandpa),
true undyin' love, God, beer, dogs and trucks.
But dang, he couldn't deny they
hit something in him.
Wynonna was just finishing up She
Is His Only Need and Wes was blinking pretty hard. Sam squeezed
his hand. 'You're just doing that to impress me.'
'Doing what?'
She laughed. 'That misty-eye
thing to every mushball lyric you hear.'
'It's nothing to do with the
lyrics. I happened to look too long at the sun and it made my eyes
water. Or else it was the smoke.'
She ignored him. 'So maybe I'll
think that, way deep down, you've got a tender and gentle soul.'
'No, that is not me. I'm not
trying to impress you. I'm a cynical big-city attorney and nothing
touches me. I am a rock. I am, in fact, an island.'
'My understanding is that no man
is an island.'
'I tell you, I am a fucking
island.'
'Okay, you're an island. Anyway,
I am impressed.' She lifted his hand and kissed it, then nudged Bart
with her bare toe. 'I think he actually feels things, don't you, Bart?'
Bart raised his head, put it back
down on his paws.
'See?' she said. 'The mute beasts
concur.'
Wes got up and took the top off
the kettle cooker. A couple of T-bone steaks filled the whole grill. He
gave them a turn and came back to sit down. 'You know why people cry at
happy endings in movies? Or at weddings? Or even, some incredibly weak
slobs, at country-music lyrics?'
'They're crybabies?'
'I'm going to hit your broken
arm.'
'Crybabies isn't the answer?'
He shook his head. 'They want it
that way again. Something in them remembers that they used to think it
was that way, that things in life could turn out good, and seeing that
hope, being reminded of it, it's too much to take. So they cry.'
'But you still think things turn
out good, don't you?'
'No. I still wish they did just
as bad, but I don't think so anymore.'
She reached and took his hand.
'Seeing your wife today?'
'Lydia?' He let out a long
breath. 'No, Lydia's over. It was more, I think, the kids. Mark's kids.'
'What about them?'
Again, he sighed. 'I don't know.
All the effort, the hopes, the lessons, the tears, the fights, the
sicknesses - and at the end, what do you get? You get some kids who are
total strangers, who don't want anything to do with you.'
'Your kids?'
'Well, some of that, maybe. But
mostly Mark's. They really hate him.'
'Maybe he wasn't a good father.'
'That's just it. He was a
great father. I was around. I saw him. Baseball, tennis, soccer, Boy Scouts, Girl
Scouts, private schools, great summer camps - you name it, those kids
had it.'
'But did they have him?'
He seemed to deflate. 'I guess I
don't know that. Did my kids have me? I mean, both of us -
Mark and I - we worked like dogs so Lydia and Sheila didn't have to.
This was, of course, the Middle Ages. Back then wasn't considered the
height of oppression.'
The silence, as well as the
difference in their ages, hung between them. 'I better get the steaks,'
Wes said, but he didn't get up. He didn't want to let go of Sam's hand.
He turned to her. 'His kids really hate him, Sam, and I know them.
They're not bad. They're fine with me. They call me Uncle Wes even,
sometimes. But their dad ... I just don't get it.'
'Maybe he's not the person you
think he is. Not with everybody else. He seemed pretty cold to me.'
Now he did let go of her hand.
'Let's not take my best friend apart four days after his wife was
killed, okay?'
'I'm not taking him apart, I'm
saying he seemed cold. Maybe he was cold to his kids, that's all.'
'And maybe he's trying to keep
from breaking down, so he's guarded right about now, how's that?' He
had raised his voice and Bart sat up, growling.
Sam took a beat, a breath.
'You're right, I don't know him at all, I'm sorry. The steaks aren't
going to be rare.'
Downstairs, in his, kitchen, they
sat at the table. Sam stared down at her food. Wes couldn't stop the
smile that crept up. She wasn't going to be able to cut her steak.
'Your cast.' Standing up, he came around the table and kissed her. 'I'm
sorry,' he said. 'I don't want to fight.'
Sam lay her head against him.
'Don't be mad at me. I'm not attacking your friend.'
'I know. With your permission.'
He pulled another chair out from the table, sat down, picked up a knife
and began cutting. 'And the fact is, Mark might have been a terrible
father. I don't know. Maybe husband, too. We didn't pride ourselves on
that so much in those days. He's just my friend. Some of us white males
- even if we're not angry - occasionally feel unfairly attacked here in
this modern world. It's tempting to band together. So I suppose I've
got a gut reaction to protect him. Especially now.'
'I can see that. But I'm not
attacking you either, okay?'
'I know, but I wonder if it's
just that I didn't see what he might have really been like with his
kids, couldn't let myself see because I was doing the same thing.'
'And what about now?'
That stopped him again. For a
moment. 'What about now?'
She only dared meet his eyes.
'No,' he said. 'Flatly,
emphatically no.'
'Okay, but since we were talking
...'
'I don't understand how you can
even say that?'
'I didn't, actually. I looked it.
But I was talking to Christina today - her reaction to Mark being under
suspicion kind of reminded me of you.'
'You told her about it?'
'A little. It's okay, Wes, she
won't alert the media.'
'So how was her reaction like
mine?'
'Just very knee-jerk. Not really
looking at it. She's in love with him, you know.'
'She told you that?'
'No.'
He rolled his eyes.
'But a girl can tell.'
'So Christina's in love with
Mark. And he's my best friend. Now let me get this straight - because
of those reasons we both don't believe he killed his wife while he was
out driving golf balls. How strange. Do you think he killed her?'
She shook her head. 'No. Your
steak's getting cold. It's perfect, by the way.'
Standing up, he kissed her and
went back to his seat.
'All I'm saying,' she continued,
'is that I have a hard time believing Sergeant Glitsky goes around
planting evidence to convict people for no reason.'
'Well, I hope you're right.' He
cut a piece of meat. 'Christina's in love with him?'
'Tis the season,' she said
sweetly. 'She may not even know it yet, but you wait. Six months.'
Wes stopped chewing. The words
were almost exactly those used by Mark's kids when he hadn't known what
they were talking about. He did now, and it made him nervous.
Most nights, Sam stayed with her
brother Larry. She was apartment hunting in a haphazard fashion, but it
was never easy finding the right place. And tonight she was staying at
Wes's.
Now she slept peacefully next to
him. Unable to do the same, he carefully lifted the blanket from his
side of the bed and got out, threw on his old terrycloth robe, and
padded into the living salon, sitting on the futon. The streetlights
outside painted their designs on his hardwood. He'd left the kitchen
window open over the table where he and Sam had eaten, and the breeze
coming through it still felt almost balmy.
Bart climbed up next to him and
he petted him absently. His mind wouldn't stop racing. Maybe he ought
to write a country song, he thought, 'bout settin' up all night while
your girl's asleep, your love is deep but you're feelin' blue, what's a
poor country boy to do? It had possibilities.
But that thought didn't hold. He
kept returning to Christina Carrera ... which brought him to Mark. Of
course, as he'd told Sam, Mark had an airtight alibi. Hell, it wasn't
even that, he reminded himself, it was the truth.
The past twenty-five years of
Wes's professional life had been spent in the mud and trenches of
criminal law, taking on the causes and cases of a seemingly endless
procession of people who'd been careless, negligent - and who found
themselves called to answer for their mistakes and misdeeds.
He didn't often torture himself
with whether any of his clients had done what they'd been accused of.
He generally preferred to ask them about the evidence against them and
how they might explain it. Sometimes, if he liked his clients, he'd
provide two or three explanations and ask if any of them had a
particularly nice ring.
He never asked directly
if a client were guilty. That was a conclusion for the jury. Similarly,
he tried not to ask any open-ended questions about what someone had or
hadn't done because he might get an answer he didn't like, and then be
stuck with it. And there was always the very real possibility that his
client would lie to him anyway. This was in the very nature of people,
he believed, and hence understandable, human, acceptable.
But his adult pragmatism was a
far cry from the idealism that had drawn him to the law in the first
place. It was a rationalization, as so much of his life had become. You
did what you had to. And that was okay.
Most of the time.
He'd been trying to convince
himself of all this now for the last decade or so. It was the recurring
topic in his 'retreats' with Mark Dooher, who would always argue the
opposite - you didn't do what you had to do, you did what you believed
in.
Before these troubles, Farrell
thought that had been easy for Dooher to say. He'd never had to
struggle in his career, in his life. He could afford the luxury of
idealism, of believing he was always on the side of the angels. He was
Job before the curses.
But Dooher was right about one
thing. The accommodation ate at you. It made you cynical. Sometimes it
seemed to Wes that the endless litany of 'good enough', 'good enough',
'good enough' was a prescription for failure. That there really wasn't
any such thing as good enough. There was your best, and then
there was everything else.
And, in his darkest moments, Wes
sometimes believed that his marriage had failed, his business had never
really prospered, he'd never achieved all he'd set out to do - in law
school, he'd dreamed of being appointed to the Supreme Court! - because
he'd burned himself, his best self, out on the altar of 'good enough'.
Lord knew, it had been hard enough, raising the kids, getting
and keeping clients, making time for Lydia. He'd put in all the energy
he thought he could spare, instead of all he had, on just about
everything he put his mind to. What had he been saving the rest for?
Was this the source of his
mediocrity? The secret of the nonentity he'd become?
He knew the reason for his
nervousness after dinner. Because for once, now, he'd committed.
He had a
potential client and best friend that he totally believed in.
And now there was Christina
Carrera, his own albatross. Why couldn't she just go away?
Farrell, too, had caught a
glimpse of them together for a moment on Mark's lawn this afternoon.
Witnessing first-hand the almost embarrassing connection between them,
he kept coming back to the one salient fact that he wished he could
forget. Or - better - never have known.
Which was that Mark had wanted
her from the first moment he laid his eyes upon her.
But what did that mean? Nothing,
he told himself. It was merely
one of those late-night chimeras that
tantalize or frighten, and then in the morning turn out to have been a
shadow falling on an uneven surface, a wisp of white fabric blowing
lonely in a faraway tree.
'Wes?'
Sam's quiet whisper from the
bedroom. Worried, obviously caring. Was he all right? Did he need her?
Petting Bart a last time, he
pushed himself up. The doubt, the ghost, the mirage - whatever it was -
would be gone in the morning.
He was sure of it.
The next day, Glitsky was at
Marine World with Nat and the three boys.
He still hadn't found a nanny,
and had decided that what they all needed was some time together, a
change of scene, a nice day outside, away from the city. So he'd picked
them up at the friend's house where they were staying, and they'd made
the drive across the Bay and north to Vallejo.
At the amusement park, the sun
was out and although there was a steady breeze, it didn't have that
Arctic intensity you got off the ocean out in the Avenues where they
lived.
Now he was sitting high in the
grandstands, watching the killer whale show. Isaac and Jacob had gone
down to the seats by the water with their grandfather, all of them,
including Nat, deciding that they really needed to get soaked. But
O.J., ten years old, didn't want to do that and didn't want to leave
his dad, either.
In fact, after the older boys had
gone down, O.J. asked Abe if he minded if he sat in his lap. Which was
where he was now.
The huge mammals entered the
pool, but O.J. couldn't have cared less. 'Dad,' he said, 'can I ask you
something?'
Ever since Flo had first gotten
sick, O.J. had preceded nearly every remark with this question. Glitsky
thought it was because he was such a sensitive little kid, so aware of
the pressure everybody was under. He didn't want to add to it by asking
any question that someone would have to answer. He didn't want to be a
bother.
This sometimes translated to
Glitsky as though his youngest son didn't want to exist, and that drove
him crazy. But he kept his voice modulated and answered the way he
always did.
'You can always ask me about
anything, O.J. You don't have to ask permission to ask.'
O.J., as always, then said, 'But
can I ask you something?'
Patience, Glitsky told himself.
Patience. 'Yes, you can ask me something.'
'Okay. What if all the sudden,
you know Merlin?'
'Merlin?'
'Yeah, Merlin, King Arthur's
musician.'
'Magician. But yeah, okay, I
know. Merlin.'
'Right. So what if Merlin came
back to life and he decided all the unicorns were going to be down on
earth from now on?'
O.J. had also been playing with
variations on the coming-back-to-life idea for the past few
months.
What if Robin Hood came back to life and got disguised as one of the
Power Rangers? What if George Washington really didn't die, but was
just waiting to see if he could live to be 300 and then he could be
President again? What if Bambi's mother...?
'Things don't come back to life,'
Abe said, gently but as firmly as he could. 'Dead means you're gone
forever. That's what dead is.'
'I know that, Dad, but
Merlin was a musician and he could come back if he wanted to, and then
he could decide the unicorns could live on the earth.'
He wanted to tell him there were
no unicorns, either. The boy was ten years old, closing in on puberty,
and he really ought to stop seeking comfort in these fantasies.
But somehow his energy failed
him. He let out a long breath. 'Instead of where? Where do they live
now?'
O.J. couldn't believe his
father's ignorance. 'Well, now they live in the clouds, in Unicorn
Land.'
'Okay.'
'And then they could come down
and be here on the earth and we could ride them, and maybe even have
one as a pet. What if that happened?'
Glitsky tightened his arms around
his gangly son, came up with the answer he always wound up with. 'If
that happened, O.J., that'd be really neat.'
Isaac was still very wet. He
exceeded by several years the twelve-year-old limit for the playground,
but dripping as he was, he didn't look it. And even though he was a
cop, pledged to enforcing the laws, Abe wasn't going to call him on it.
He and Nat had left their food -
French fries and corn dogs - on one of the picnic tables behind them,
where the ravenous seagulls had spirited it away and scarfed it all
down.
Now the two men stood at the
fence that kept the adults in their place. All three of the boys were
clustered together, up high in a corner of a climbing structure made of
rigging rope. Hanging together.
The killer whales had dumped a
couple of swimming pools worth of water into the lower galley. By now,
Nat's hair was re-combed, but his clothes stuck to him. He was marching
in place, his tennis shoes making squishing noises. 'This is a good
place, Abraham, but I wish someone had told me about this getting
splashed. They don't mean a little damp, let me tell you.'
'I didn't
know.'
'But I noticed you didn't go down
yourself, am I right?'
'O.J. didn't want to get
so close to the water.
That's why I didn't go down.'
'I wish I believed this
completely. I
don't want to think you sandbagged your old man.'
'I would never do that. You
didn't raise that kind of boy.' A sideways glance.
'That's a good
answer.' He pulled his shirt away from his body, did a little dance
with his pants. 'And O.J., I happened to see, he was on your lap.'
Glitsky nodded. 'He's having a
hard time. He's trying to figure it out.'
'And you are back to work?'
'I've got to work, Dad. It's what
I do.' But he realized that his father needed more of an explanation.
'Look. The Hardys are great people, Frannie's taking better care of
them than I can right now. And the boys are in school anyway most of
the day. I'm there for them. I see them. I go over some nights. We go
out on weekends. Like now, Dad, like right now. I've got a lot to get
set up.'
'I understand this.'
'So?'
'So nothing.'
'But what?'
Nat shrugged. 'Just to think
about, that's all.'
He knew what his father was
getting at, but there wasn't anything he could do about it. He should
have taken some more days off, he supposed, gone over every single
night to be with the kids, but when he'd gotten the call about Sheila
Dooher, his priorities found themselves rearranged.
Or maybe it was just an
opportunity to dwell on something other than the emptiness. His father
had implied that, to some degree, he was running away, denying what he
needed to confront, shunting off his responsibility to his children.
And maybe there was an element of that. He had something to do,
something that needed to be done, and it was consuming. The simple
doing of it - regardless of the outcome - could save him, could pull
him through this time.
He didn't know, but he had to try.
This was why on Sunday night, the
boys were back at his friend's house and he was at his desk downtown on
the 4th floor, reading the autopsy report on Sheila Dooher that had
finally come in. He had done legwork all week long - interviewing
neighbors and driving-range employees and Dooher's co-workers and
anybody else he could think of. Going over the initial lab reports,
studying the room-painting videotape, combing the Dooher house (again,
with another warrant, while Dooher was downtown working) for fibers and
hairs and fluids.
But without the autopsy he was
whistling in the wind and he knew it, and there had been some
bottleneck on paper coming out of the coroner's. Autopsies normally
took almost six weeks to get typed, but he'd asked for a rush on this
one.
He had the report in front of him
now, and he scanned it once, trying to make sense of it, wondering if
it might be the wrong one. For a different body.
Because the autopsy report he was
looking at listed the cause of death as poisoning.
And what the hell was that about?
The woman was waiting at the door
to the Rape Crisis Counselling Center when Sam arrived at 9:00 on
Monday morning. Slightly matronly though not unattractive, she wore
jeans, hiking boots, a brightly colored sweater jacket and a purple
beret. She held a designer purse, out of the top of which peeked an Amy
Tan paperback. Sam stopped in front of her.
'Hi.'
'Hello.' A cultured voice.
'Are you waiting to get in here?'
Behind the self-conscious
expression, not all that unusual in this setting, she projected a
strong attitude of resolve. Even as she nodded, her eyes surveyed the
street in both direction. 'I thought this would be a good place to
start.'
'It often is,' Sam said. 'Let me
get the door.'
Diane Price had removed her
sweater and beret and sat easily in one of the wingbacks in the tiny
room behind the reception desk. Thick gray hair fell over her
shoulders. The natural woman, Sam thought, she wore no makeup and, with
a gorgeous mouth and gray-green eyes, really didn't need any. Her nails
looked professionally manicured, but they were clear.
She'd waited while Sam put on the
pots of water and coffee - told herself that she'd waited long enough,
a few more minutes wasn't going to hurt. The bell over the front door
tinkled again as Terri, the first of the day's volunteers, came into
work.
Sam brought the mugs - black
coffee for them both - back into the room where Diane was waiting and
sat across from her.
'I feel a little awkward about
this, but I didn't know where else I should go-'
Sam waited. It would come out.
Diane sipped her coffee and took
another moment. Exhaling then, as though satisfied with something, she
began. 'I imagine you know why I've come here?'
Sam inclined her head. 'You've
been raped.'
'Yes.' Diane took another sip of
her coffee, repeating it. 'Yes,' she said, 'I've been raped.'
Sam leaned forward. 'It's
difficult to say the words, isn't it?'
'Yes.' The monosyllable hung
between them. 'It's been a long time now. I didn't know if I'd ever
say it.'
'How long?'
Again, Diane's eyes raked the
small room. Sam had the feeling she was trying to decide whether or not
she should continue with this, whether it was too late to back out. All
the staring around, putting off bringing the rape into focus.
She put her mug down and crossed
her hands on her lap. 'A long time ago. Twenty-seven years ago.'
'And you've been silent about it?'
Diane folded her arms,
self-protective. 'Now it's called a date rape. I knew him. He seemed so
nice. I've been living with it all this time. I don't think I've denied
that it happened. I suppose mostly just feeling that it happened so
long ago, what difference can it possibly make, you know?'
'But it has, of course.'
A nod. 'I don't really know how I
feel about it all anymore. Not clearly. All the parts of it.'
'That's all right. Why don't - as
you said - why don't you just start somewhere. What do you feel the
most, right now?'
'It changes. That's what's funny.
I guess now, today, it's all resentment because I've been thinking
about it so much. First, though, when it came up again, it was just
this overwhelming anger, this rage. But for such a long time before
that, you know, living my life with my husband and being the school mom
and doing soccer leagues and just living - I didn't see what
good it would do to bring it all up again.'
'Does your husband know about it?'
'Don. He does now, but...' A
lapse into silence. 'He's a great guy, but I'm not sure he understands.
Not completely.' The cultured voice was flattening by degrees, losing
what had appeared to be a natural animation. 'What I'm trying to deal
with now is, I guess, my anger over this sense of loss, of having lost
so much of my life over this one ... this one episode.' A wistful
smile. 'It's funny, you know. You don't really believe that one day can
change everything, I mean if you'd just done one little thing
differently...'
'Everybody feels that, Diane. If
that's any consolation, it's one of the mechanisms we use to blame
ourselves. Somehow, at least a little bit, it's our fault.'
This didn't seem to help. 'But I
really wonder if it was my fault -I don't mean just the rape,
where okay, no doubt I led him on, but I really believed ... I didn't
know anything then. I mean, I was a virgin. You said "no" and it
stopped, right?'
'That was the theory,' Sam said.
Diane sat back in the chair, put
her head all the way back and closed her eyes briefly. Opening them,
she abruptly reached for her mug of coffee. Something to do that wasn't
this recitation of history. She forgot to drink from it. 'Even
now,' she said,
'even now I wonder how much of it was my fault.'
'Diane, if he forced you ...'
'He said he'd kill me.'
'Well, then, you—'
But she was shaking her head.
'No, not just that. Not just the rape itself. Everything after that. My
whole life.' Another silence, another shake of the head. 'No, not my
whole life, that's an exaggeration. Only most of a decade. Only.'
Suddenly, she slapped the arm of the chair. 'God, I hate this
victim thing! I'm not a victim. I don't want to be a victim.'
Sam waited.
'Before, I was going to be a
doctor.' The brittle laugh shook her. 'It wasn't ridiculous - you don't
get into Stanford if you're dumb, and I'd never gotten a "B" in my
life. I was fun, smart, pretty. And now I tell myself - have for years
- I've had to tell myself that it was this ... this thing that
made it all change. That it wasn't my fault.'
'That wouldn't be so unusual,
Diane. In fact, it would be more normal if it was.'
'I know that. I'm still not
stupid. But don't you see, it makes me sick, that victim excuse. I
should have just risen above it, put it behind me. Instead, it just ate
me up, and I let it. I just let it.' Her fists were clenched on the
chair's arms, and one of her eyes overflowed. 'I'm sorry.' She reached
into her purse, pulled out a handkerchief, dabbed. 'There's no reason
to cry about it. This is stupid.'
'No, it isn't.'
She managed a condescending
smile. 'Well, of course you're trained to say that.'
Sam wasn't going to fight her
about it. Yes, she was trained to say that, and that was because it was
the truth. It wasn't stupid to cry about it. Almost everyone did. 'So
what happened, Diane? What do you blame yourself for?'
'Everything! Don't you
understand? I'm mad that it
happened! I'm mad that I do blame
myself, I don't care what the proper modern response is supposed to be.
I could have been ... I don't know, more somehow. Who I was
really meant to be. And instead,' she visibly deflated, 'instead I'm
who I am.'
'And is that so bad?'
'I don't know. That's what I'm
trying to figure out, I suppose. That's why I'm here. I can't believe
... it seems so small a thing, somehow.'
'The rape - a small thing?'
She nodded. 'I know that sounds
crazy, but it's what I tell myself when I'm just so full of loathing.
It was one small thing, and I let it change the whole direction of my
life. I mean, one day I'm in pre-med pulling "A"s, I go to football
games, I'm kind of ra-ra and carefree, and the next day, the next time
I turn around, I'm a mess. I'm taking every drug in America. And this
was the sixties, remember, there were a lot to choose from. I survive
another year or so before
dropping out of
school. And sleeping with anybody, not caring. Losing touch with my mom
and dad and family and not caring at all.'
'So what happened finally?'
She brought the handkerchief back
to her eyes, left it there a minute, pressing. 'Finally, I woke up. I
don't know how else to put it. I just woke up. I guess I didn't want to
die. And I never thought about that until my mother did. That's the
thing I regret the most, I think. I mean, if she could see me now, it'd
be all right. But I was still that other way, that other person, when
she died. So she never knew.'
Sam nodded. There was nothing to
say. Sometimes, she knew, closing that circle could be the toughest
pull of a person's life, and it seemed to her that Diane Price was well
on her way to doing it.
Diane was going on. 'And by now
it seems behind me. I married Don, went back to school and at least got
my degree. I've got two great teenagers, and I'm actually working in a
lab where my brains count. And I got there - I got all of that - by
finally not being a victim anymore, just pulling myself up by the
bootstraps and deciding, that was it, deciding I wasn't going
to have this cancer in my life. I wasn't going to talk about it, think
about it, refer to it. It was the past, over, done.'
'But you're here?'
'I'm here.'
Sam hesitated. 'Did something
else happen?'
Diane shook her head. 'Not to me,
thank God. But then, suddenly, last week, I was reading the paper and I
started shaking at the breakfast table. I couldn' t stop shaking.'
'What was it?'
'The story about this woman who'd
been murdered, Sheila Dooher her name was.'
Sam felt the hair begin to stand
up on her arms.
'So the name caught my attention,
and I looked down the article, and then opened to the inside page and
there was the picture of her and her husband at some charity thing last
year. Her husband Mark.'
Sam knew what was coming.
'The man who raped me.'
Father Gorman knew why he'd been
summoned to the Archbishop's office. Not only had he been absent at the
rosary when Sheila's body had been laid out, he'd not attended the wake
afterward, then begged off officiating even peripherally at the funeral
Mass. He hadn't gone to the gathering at Dooher's home afterwards.
Now they'd kept him waiting
nearly twenty-five minutes at the end of the day. Not a good sign. He
was more exhausted than he'd ever been in his life. For weeks, he'd
slept no more than four hours a night, plagued by nightmares about his
own long-gone parents, of all things. And then, finally, he was inside
the austere office. James Flaherty stood up behind his desk, but didn't
come around it, didn't offer the kiss of peace as he sometimes did.
Instead, his lips moved into a perfunctory smile, but his eyes did not
change in any way at all, and he sat back down immediately.
'Gene, I'll get right to it,' he
said. 'Mark Dooher is one of my most trusted advisers. He is also, not
incidentally, a substantial contributor to the Church and to your
parish. He's been President of your Holy Name Society, President of
your Parish Council, President...'
Gorman didn't need the glowing
litany. 'Yes, Your Excellency. I know who he is.'
Not used to being interrupted,
the Archbishop's eyes flared briefly. After a long silence, Flaherty
continued. 'He has also lost his wife to murder, as you well know. The
police have been hounding him on another matter because of some kind of
political vendetta. This is not a time to abandon those people who need
us most. The man is going through some kind of hell right now, and I
found it incredibly un-Christian, not to say callous as a human
response, that you didn't see fit to assist at his wife's funeral or
visit with us afterward.' He changed the tone of his voice, making it
more personal. 'Mark was incredibly hurt by it, Gene. Incredibly.'
'I'm sorry,' Gorman said. 'I...'
He didn't know what else he could say, and left the sentence
unfinished, hanging in the room.
Flaherty waited for more, but it
didn't come. 'You're sorry?'
'Yes.'
'Sorry doesn't seem like quite
enough, Gene.'
'I'm sorry about that, too, Your
Excellency.'
Flaherty cocked his head. 'What's
going on here? You two have a disagreement, a fight?'
'No.'
'Do you want to talk to me about
anything else? I checked your most recent reports, and things at the
parish seem to be going along smoothly. Am I wrong about that?'
'No, Your Excellency.'
Flaherty tapped the table. 'Let's
drop the Excellency. I'm Jim Flaherty. We've known each other a long
time. Is there something going on in your parish?'
Gorman knew what he was asking -
was he having an affair, was there a scandal brewing? He shifted his
burning eyes to the ceiling, to the sides of the room. 'I do feel like
I'm under a lot of stress lately. I'm not getting much sleep. I...'
Again, the rogue syllable, and
again it hung there.
'What would you like me to do,
Gene? Would you like some time off? A short retreat?'
'Maybe so, Jim. Maybe that would
help.'
The Archbishop sat still a
minute, lips pursed, eyes unwavering. 'All right,' he said at last.
'Let's give that a try.'
Farrell knew he was fouling the
air. The Upmann Special tasted delicious, and normally he made it a
point not to smoke cigars in small offices, but he didn't much like
Craig Ising, and it gave him some pleasure to realize that Ising was
going to have to get his suit cleaned to get the smell out. Farrell
thought it was a fair trade - he felt dirty near him, but he was a
client and your clients were not always people you admired.
'But I didn't do anything wrong.
This isn't even a crime in Nevada!'
Farrell coughed, then blew a
vapor trail into the air above them. 'We've been through that, Craig.
You should've been in Nevada when you committed it.'
Thirty-six years old, physically
fit, nicely tanned, Ising had told Farrell all about the suit that he
would soon have to clean. It had set him back $450 in Hong Kong. A silk
blend that supposedly felt even better than it looked. If you could get
it in America, it would go for more than a grand.
Farrell had spent most of the day
in this tiny conference room in Ising's plush Embardacero office, the
two men discussing a plea so Ising wouldn't have to go to jail. That
was the hope, anyway. And Farrell was ready to go home.
Ising's position, early on in the
day, was that he was a businessman and all he'd done was take advantage
of an investment opportunity. He'd been making some pretty serious
money at this particular endeavor for the past couple of years. The
investment was straightforward enough - Ising had been buying the
insurance policies of people infected with AIDS, in effect becoming
their beneficiary when they died.
In Ising's views, everyone
benefited by this arrangement. The AIDS patients sold their discounted
policies for cash which they needed for their medical bills - normally
sixty percent of the value of the policy - and their policies were then
sold by middlemen to investors like Ising, who paid between $6,000 and
$200,000 for the policies, based on the patient's life expectancy.
Ising had gotten lucky with the
first couple - the patients had died almost immediately and he'd
cleared nearly half a million dollars in less than a year.
Unfortunately for him, the State of California regulated this
particular investment (by outlawing it) and Ising was looking at two to
five years in state prison and a six-figure fine.
'This doesn't bother you at all,
does it, Craig?'
'What bothers me is they're
trying to take me down for it. That's what bothers me. Other guys have
done a lot worse.'
This was inarguable, so Farrell
didn't push it. Instead, he got down to tacks. 'You're lucky, you know.
The DA's taking heat for the court's dragging along on violent crimes,
so he gets the idea he wants to clear some massive backlog on these
white-collar cases, get 'em processed out without taking up court time.
You fall in the crack. Otherwise, you'd be looking at hard time. This
is actually a sweet offer.'
Ising rolled his eyes. 'It's so
sweet, why don't you put up the money?' The deal was a fine of half a
million dollars earmarked for AIDS research and two hundred hours of
community service for Ising. 'And the time. Where am I supposed to get
two hundred hours?'
Farrell shook his head. Two
hundred hours is five weeks full-time, Craig. You get the minimum
prison time and it's two years. Five weeks. Two years. Think about it.'
He sucked on his cigar, keeping it lit. The air in the room was getting
as opaque as fog. 'But hey, it's your decision.'
'It's robbery is what it is. We
ought to sue them.'
'Sue who?'
'Whoever passed this law. It's
criminal. No wonder this state's down the tubes. A man can't make any
kind of living.'
Farrell didn't know exactly what
Ising had made last year, but the rent here in the Embarcadero highrise
was not close to cheap, and Ising had personally ponied up nearly
$30,000 for Farrell's legal fees in the past year, so it was a little
hard for Farrell to work up much sympathy for how difficult it was for
an entrepreneur without morals to make a living in California. 'What's
the matter, Craig? You afraid this community service is going to put
you in contact with the riff-raff?'
'Yeah, among other things. You
got a problem with that? You get your commoners out there rubbing
shoulders with me and they find out who I am and next you know I'm
getting hit up for money. You wait, you'll see. It'll happen.'
'Does that mean you're going with
the plea?'
Ising pulled at his upper lip,
drummed his fingers on the table in front of him. 'Damn,' he said.
'I didn't know if I should call.
I was worried about you.'
'You've always been able to call,
Christina. I appreciate it. But there isn't anything to worry about.
I'm a big boy. I'll be all right.'
'I'm not trying to argue with
you, but you don't sound all right. And Saturday...'
'I thought Saturday I was pretty
good.'
'But it was an act. I could see
that.'
'Well, yes. But what was I going
to do with everybody there? I couldn't very well sit in a corner and
cry, could I?'
'No. I'm sorry. I didn't mean ..
.'
'I know what you meant,
Christina, and I thank you. You're right. You're saying it's okay if I
show it a little. People aren't judging me so hard right now. Is that
it?'
'Of course you see it. You see
things.'
'Still, it's good to remember.
And I'm very glad you called. A time like this, you don't want to...
you don't want to push yourself on your friends. The house has seemed
to get pretty big...'
'Mark?'
'I'm still here. I'm thinking
maybe I should just sell the damn thing.'
'I don't think I'd make any
decisions like that for a while. Give yourself a little time.'
'For what, though?'
'For things to become clearer.'
'Oh, they seem clear enough now.
That's almost the problem. Everything's crystal clear. This is just the
way things will be from now on.'
'Time will make it better, Mark.
Eventually, it will. It does.'
'Okay.'
'I'm sorry. I'm not saying it's
not horrible now.'
'No, I know, that's all right.
Well, listen, I'm not much for conversation right now. And I do thank
you for calling me. Really. I'll be back in the office in a couple more
days. I'll see you there?'
'Sure.'
'Okay then. Take care.'
She put the phone down gently,
stood looking out at the traffic passing by her front window, then
picked it up and hit the redial button.
'It's me again.'
A surprised chuckle, wonderful to
hear. 'How've you been?'
'I've been insensitive.'
'Not at all.'
'More than I want to be. I don't
know what you're feeling, other than the pain, Mark. It's stupid to say
time will make it better. Maybe it won't. I just wanted you to know
that if you need to talk sometimes, it wouldn't be a burden. That's all
I wanted to say.'
He didn't respond right away, and
when he did, the voice was husky with suppressed emotion. 'You're
great,' he said. Thank you.'
When he realized that the
AIDs-insurance matter involving Craig Ising was going to take up most
of the day, Farrell had called and left a message with Sam's brother
that he'd pick her up on his way home and they could go out to dinner
someplace.
Larry and Sally lived over Twin
Peaks from Sam's old place in a gingerbread Victorian, and Farrell
wasn't halfway up the dozen stairs leading to the front porch when the
door opened. Sam was coming out to him, slamming the door behind her,
moving fast. 'We've got to talk,' she said. 'Where have you been?'
'So let me get this straight,' he
said. 'Some lady ...'
'Some woman, Wes.'
'Okay, some woman comes in to
where you work and tells you this story . . .'
'It wasn't a story. It was the
truth.'
He stopped. She walked a couple
more steps. 'Here we go, now,' he said.
'I'm going to try to finish one
sentence. Then you can have one. How about that?'
'You don't need to get snippy.'
'I'm not being snippy. I'm trying
to respond in whole sentences to the topic we are trying to discuss.
Now. This woman tells you that twenty-some-odd years ago, she went on a
date with Mark Dooher and she took him back to her apartment and got
him drunk and then he raped her.'
'And threatened to kill her.'
'Sure, why not? That, too. And
because of that, if it is true . ..'
'It is true.'
'If it is true, I should
abandon my life-long best friend, whom you now seem to believe is a
murderer. That's where we are?'
'That's right.'
'He killed his wife because he allegedly
raped this woman?'
'Wes, don't go all lawyer on me.
He didn't allegedly rape this woman. He raped her.'
'No, wait a minute. She invited
him up to her apartment, plied him with drink, started making out with
him...'
'And then told him to stop,
that's right. And he didn't.' She was giving him that look - eyes hard
and challenging. 'That's rape.'
'Ex post facto.'
'What does that mean?'
'It means now it's considered
rape. Then it wasn't considered rape. It's like people who say Lincoln
was a racist, when they didn't have the same concept back then. By
today's standards, everybody was a racist a hundred years ago. Same
with date rape. It's all semantics.'
'It's not semantics at all. He
raped her.'
'I'm not saying date rape isn't
rape. I'm saying thirty years ago, a lot of girls said no and didn't
really mean no.'
'I'm not going to get into how
Neanderthal that sounds, Wes, but this particular woman didn't
just say no. She tried to fight him off and he told her he'd kill her.'
'No, he didn't.'
'What? How can you possibly—?'
'Because I know Mark Dooher. He's
not going to kill somebody in college over a piece of ass. Come on,
Sam. You're a rape counsellor, for Christ sake. You know how this goes.
She invites him up ...'
'She asked for it, right? Don't
give me that one, please.'
'I don't know if she asked for
it. I wasn't there, but it sure wasn't the same thing as lurking in the
bushes and assaulting her as she walked by.'
'Yes, it was, Wes. That's the
point.'
They were still standing where
they'd stopped, in the middle of a fogbound street in the gauzy glow of
one of Church Street's lights. Wes had his hands in his pockets. He
hadn't thought they were going hiking, and in his business suit, he
wasn't dressed for the chill.
He forced himself to slow down,
take a breath, not let this escalate. They'd work it out. It was just
that right now they were both charging at one another. He thought he'd
pull back a little, lower the voltage.
'Look, Sam. How about we go
someplace? Sit down. Maybe have some food. Calm down a little.'
She crossed her arms. 'I am calm.
And I don't need that condescending "Take the little lady someplace she
can't make a scene" bullshit either.'
'I am not doing that. I thought
we might be able to have a reasonable adult discussion in a more
comfortable environment.'
'This environment seemed to be
comfortable enough until we got on this.'
'On rape, or what you're calling
rape, you mean?'
'What I'm calling rape!
Goddamn it, Wes, I expected a lot more from you.'
'Well, yelling is a big help.'
'There!' Now she was yelling.
'Put me down again. Don't discuss the real subject, whatever you do.
Jesus Christ!'
'I'd like to discuss the real
subject, Sam, but first I can't get out a whole sentence, and then I'm
getting screamed at while I'm freezing my ass off, getting all kinds of
motive laid on me for the truly ominous, condescending idea of finding
someplace warm to sit down. Give me a break, would you? I didn't rape
anybody. I'm not the enemy here.'
'My enemy's friend is my enemy.'
He brought a hand up to his
forehead. 'That's good. What's that, Kahlil Gibran or the PLO Handbook?'
'It's common sense is what it is.
It's survival.'
'I didn't think we were in
survival mode.'
'All women live every day in
survival mode.'
'Jeez, that's good, too. What are
you doing, writing a book of feminist slogans?'
'Fuck you.'
She turned and was walking off.
He followed after her, his own
volume way up. 'You've been working at that center too long, you know
that?'
She whirled on him. 'Yeah, that's
right. I've been working, of course that's the problem. Women shouldn't
work, should they, Wes? They shouldn't have their own lives.'
'Sure, that's what I'm saying,
Sam. That's what I think. I wonder if you could twist it anymore.'
'I'm sure I could. I'm a woman,
after all, I don't get things right.'
'I'll tell you something. You
didn't get at least this one thing right. My friend Mark Dooher didn't
kill his wife and I'd be Goddamned surprised if he raped this lady,
either. She saw his name in the paper, she wants her twenty minutes of
fame. You ever think of that?'
'Oh no, Wes, that never crossed
my mind. You asshole.' She started walking away again. Stopped, turned
back. 'I heard her. I saw her face. This happened, Goddamn
it, whether or not you believe it.'
'What happened? She maybe
said "no" thirty years ago, and just forgot about it until now? I'm
sure.'
Sam said nothing.
'Did she seek counselling? Did
she tell anybody? Did she report it to the police back then? Did
she do a fucking thing? No.'
'It ruined her life. It changed
everything in her life.'
'How sad for her. And now, damn,
look at this, what a surprise! Mark Dooher's in the news and it all
comes back. And - this is the great part - this means my best
friend, who I've known only a hundred times longer than I've known you,
this means he killed his wife he loved and raised a family
with?
Please. I mean it, Sam, you got to get a life here. This is ridiculous.'
This time, she started walking
away and didn't turn back.
'Hey, Bart. Daddy's home.'
It was ten o'clock.
The dog got up, yawned and walked
slowly over to where his master stood. Wes petted him distractedly,
then schlumped into the kitchen, turning on the light, checking for dog
shit. He paid a young woman who ran a small graphics business out of
her apartment in the building to take Bart out two or three times a
day, but sometimes that wasn't quite enough. Today it had been.
The refrigerator held a couple of
six packs of Rolling Rock, and he took out two bottles and opened them
both, drank one half down, pulled out the kitchen chair and sat heavily
at the table.
He felt a hundred years old.
He ached to simply pick up the
phone there on the wall and apologize until dawn. But he didn't move.
The phone didn't, either. Eventually, he lifted the bottle of beer
again, staring out at the night.
This was not supposed to happen.
Everything had been going better than it ever had in his life, even
better - he thought - than it ever had with Lydia when they'd been
young and believed they must be in love.
In the first heady rush of
physical pleasure, and then in the next weeks of growing intimacy, he'd
put Sam's occasional penchant for volatility out of his mind. That
first night, when she'd thrown him out after learning that he was
defending Levon Copes - he'd chosen to believe that that had been an
aberration born of insecurity and alcohol.
But evidently it wasn't.
It was better to find out now
rather than later, he supposed, but he wasn't in the mood to put much
of an optimistic spin on anything just now.
He'd wracked his brain all the
way home, playing Devil's Advocate with himself, conjuring all the
negative images of Mark that he could remember. But there were so few
of them and that was the truth.
Once, in college, when they were
engaged, Mark had cheated on Sheila. But he'd been riddled with guilt
because of it - told Wes all about it on one of their 'retreats'; wondered if
he should call off their impending marriage because he was such a bad
person.
He'd backhanded his son, Mark Jr,
across the face for throwing his bat in a Babe Ruth League game. That,
Wes thought, was Mark's worst moment. But at the time Mark had been
working eighty hours a week trying single-handedly to save his ailing
firm. And he'd tried to turn even that incident, bad as it was, into
something positive - treating it as a type of wake-up call. He was
working too hard, ignoring what was really important. His family, his
spiritual values.
In some way, these peccadilloes
reassured Wes about his friend's character. Mark would be the last to
say he was perfect. Of course he had sinned - he was human. He'd done
things he was ashamed of. But these were why, to Wes's mind, he was
balanced. He wasn't wound so tightly holding in every tiny impulse to
evil that he would one day need to explode.
So he tried to figure out what it
was; why the sudden rush from so many quarters to slander and vilify
Mark Dooher.
Jealousy was one thing. Mark was
wealthy, powerful, and up until a couple of months ago, lucky. He was
exactly the kind of person that lesser people loved to see destroyed.
Then the Trang business,
politically motivated and unfounded as it was, had put a hole in Mark's
bubble of invincibility. And Wes knew that an enduring truism of life
was that accusations bred more accusations.
And now - finally - the dominant
bull was injured, limping. This was the time to take him down, when it
could be done. Everybody was abandoning Mark. People were lining up to
take shots at him when he was least able to defend himself.
Well, Wes wasn't anybody's hero,
and he couldn't stop anybody from taking aim and firing, but he could
stand in front of his friend and try to defend him until he was strong
again.
Trang's murder. This woman's rape
story. The enemies were assembling and he didn't have to think too hard
to figure out what was coming next. They were going to charge him with
Sheila's murder.
And Wes knew he would be the last
line of defense. And for once - whatever they might dig up and however
it spun - he knew it wouldn't be true.
Wes was going to defend him.
A week later, Paul Thieu got his
first real break in the case.
It was not without some
trepidation that he guided his city-issue Plymouth off the freeway at
the Menlo Park exit, forty miles down the peninsula south of the city,
and negotiated the narrow entrance to the parking lot by the Veterans
Administration building. The short drive between the freeway and the VA
reminded him of 6th Street between Mission and Bryant in San Francisco,
the most dangerous walking blocks on the map.
Though the climate down here was
infinitely more benign, the small town thoroughfare itself was a no
man's land of Reagan's enduring legacy, the mentally impaired homeless.
The cops called these people 'eight hundreds' and their social workers
called them 'fifty-one fifties' after the Welfare & Institutions
code sections that defined them, but by any name, they were tragic.
Derelicts, drug addicts, bag people.
Thieu saw them every day in the
city, but here within a long spit of Silicon Valley, where the sun
always shone and the real estate glittered, he found all this evidence
of poverty and despair especially dispiriting.
He was also keenly aware of his
Vietnamese nationality. Men in old Army uniforms - singly or in small
groups - loitered here and there on the main street and under the trees
that provided the shade for the parking lot. Thieu didn't have to guess
which war they were veterans of.
And time might have passed, he
knew, but in the brains of some of these guys, it still might be 1968.
He opened the car door into what
was, by San Francisco standards, blazing heat. It was not yet noon and
already in the mid-eighties. Thieu was wearing an ivory linen suit and
decided he could leave his raincoat on the passenger seat where he'd
thrown it. It was misting heavily in San Francisco, forty miles away.
The temperature was in the fifties.
A couple of guys in old fatigues
nudged each other as he passed them on the way to the imposing doors,
but he smiled and said hello and was past them and through the doors
before they had moved two steps.
The place had that old
institutional-building feel and smell. A wide entryway with linoleum
floors made every sound inside echo. To his left, a waist-high counter
separated the government workers from the veterans, who were for the
most part queued up waiting for their numbers to be called. Across from
the counter, a shiny, light-green wall sported wood-framed photographs
of all the Presidents since Eisenhower, as well as a decent assortment
of Admirals and
Generals (including another one of Eisenhower in uniform). At the end
of the entryway, a large paned window let in a lot of light.
Thieu stood a minute, getting his
bearings, reading from the Building Directory in its glass bulletin
board. Gradually, he became aware that the noise had ceased behind him.
Deciding to ignore it, he found
the room number for his appointment and moved out directly.
'Hey!'
Somebody was calling after him,
but he came to the big window, hung a left, and took the stairs two at
a time.
They had been lucky, locating
Chas Brown here at the south peninsula VA detox. Neither Thieu nor
Glitsky had really known where Brown might lead them, but Glitsky was
directing this investigation and he'd sent Thieu down to conduct the
interview.
Last Thursday and Friday, he'd
run around trying to get a handle on either a Chas Brown or a Michael
Lindley, the two other survivors of Mark Dooher's platoon in Vietnam.
Their names had been provided, during the Trang investigation, by
Dooher himself.
Now, Glitsky smelled blood. He
told Thieu that they simply had to find out everything they could about
Dooher, from whatever source. Glitsky was working St Francis Wood,
talking to the neighbors, working the pawnshops in the adjoining
neighborhoods, still looking against hope for the bayonet, the clothes
Dooher was wearing, something.
And Thieu, with his background,
started out to find yet another missing person.
Chas Brown wasn't a total
burn-out case. True, in his faded jeans and flannel shirt, with his
long, unwashed graying hair and beard, he didn't look like anyone who
worked for a living, blue or white collar. But his eyes were clear, his
handshake firm.
He showed up at his counsellor's
office on time, promptly at noon, exhibiting no signs of prejudice
toward Thieu. After a couple of minutes, Thieu offered to take him to
lunch. There was a terrific pizza place not far away named Frankie,
Johnny & Luigi Too.
Brown looked like he wouldn't
turn food down - he weighed about a hundred fifty pounds. He was nearly
six feet tall.
Thieu also thought he'd get
franker answers if he was away from his counsellor.
So now they were sitting at a
table outside under the green and white umbrellas, sharing a large
pizza, of which Thieu wouldn't be able to eat more than one enormous
piece. Fully loaded with pepperoni, sausage, olives, mushrooms,
peppers, double cheese and anchovies, one slice weighed in at nearly a
pound.
Judging from how he started
it,
Thieu guessed Chas would finish the entire large pitcher of Budweiser
he'd ordered. He was already on his third glass. Thieu was having iced
tea.
The two men weren't yet friends,
but the beer wasn't exactly making Chas taciturn. The pocket tape
recorder was rolling and they'd already covered Thieu's background,
verifying that he was too young to have fought in Vietnam. His father
hadn't been in uniform, either, though he'd been anti-Communist all the
way. A capitalist in the silk trade in Saigon, the elder Mr Thieu had
to leave when the city was abandoned by the U.S. So Thieu and Chas were
on the same side.
'That's when my name changed.'
Brown had a lot of nervous energy. Tics and scratches, eyes moving all
the time. But he was talking clearly, if a little rushed. Maybe the
beer would eventually mellow him out. 'Before I got in country I was
Charles, Charlie Brown. When I was a kid, I would have done anything
not to be named Charlie Brown, so of course it stuck like glue.
Then I get to Nam and Dooher says there's no Charlie in his platoon,
I'm Chas. So I'm Chas. I thought it was a good omen at the time. I
thought Dooher was a good guy. Shows you what I knew.'
Thieu didn't want to stop him,
and remained silent as Brown downed another deep slug of beer, the eyes
going blank a moment. Another drink, more emptiness. Blink, the lights
went back on, led to the abrupt segue. 'Tried to be my friend, y'know,
after.'
'After what?'
The eyes came back, then darted
away. 'You know.'
'I don't know.'
'About the dope, all that. I
thought that was what you came down here for.'
In fact, Thieu's main avenue of
inquiry was going to be about the ease of smuggling bayonets and rifles
out of the country when your hitch was up. Instead, a bonus, Chas Brown
was heading in a different direction.
'What dope?' Suddenly, Brown's
expression closed up. Was Thieu trying to sandbag him in some way? The
open camaraderie - the ruse of drinking together, having lunch - faded.
The change in Brown was palpable. Suddenly Thieu was the heat and that
wouldn't help his investigation, so he moved into damage control mode.
'I'm not interested in dope, Chas. I'm interested in a murder.'
'Well, yeah.' Meaningless,
unforthcoming.
Thieu pressed it. 'Look, Chas,
it's none of my business what drugs you're taking, or took. I want you
to understand that. Here,' he pointed at the tape recorder on the table
between them, 'I'm saying it on this tape. It's on the record. This has
nothing to do with you except insofar as you know something about Mark
Dooher. Did he take drugs, was that it?'
Brown moved out of the blazing
sun, into the shadow of the table's umbrella. He wiped his high
forehead and took a long pull of beer. 'Everybody took drugs,' he said.
'Everybody.' He scratched at his neck.
'Dooher bought our
drugs. He was the connection.'
'Mark Dooher was selling
marijuana?'
Brown laughed. 'Marijuana? Look
at me, you think I'm strung out on marijuana? You think thirty years
down the line, my brain's fried on some doob?' He shook his head,
amazed at Thieu's world view. 'We're talking shit here, china white,
skag.' Thieu digested this. 'Horse, man. Heroin.'
'You're saying Mark Dooher sold
you heroin?'
A continual nod. 'That's what I'm
saying. That's what I'm saying. Not just me. The whole platoon. Got his
own stash free and sold to his guys. Did us a favor, lowest price in
Nam.'
Thieu sat back, rocked by this
information.
But Brown was going on unbidden.
'And you know, if you look at it the way it really was, Dooher's the
one who let it all happen. It was his job to keep us straight. Instead,
he kept us wired.'
Thieu leaned forward. 'Let what
happen?'
Brown wasn't good with direct
questions. They seemed to spook him. He leaned back, found himself out
of the umbrella's shadow, his face in the sun, and that moved him
forward again. 'You don't know about this, why did you want to see me?'
'I wanted to see if the guys in
your platoon - Dooher specifically -smuggled out their weapons. If you
knew if Dooher had.'
'Why?'
Though it had nothing to do with
Sheila Dooher, which was his case, Thieu ran with what he had. 'We
think Dooher used a bayonet to kill somebody, that's why.'
Brown's face cracked - a broken
smile. Thieu had just verified something for him. 'Yeah,' he said.
'Yeah what?'
'That's how he did Nguyen, too.'
Thieu was learning about the art
of interrogation with this man. Don't ask directly. Just keep him
talking. 'Nguyen?'
'His source - Andre Nguyen. Had a
little shop just outside Saigon, pretended to sell groceries.' Thieu
must have looked confused. Brown put his beer mug down, brought his
face in close, eye to eye. 'Come on, man! The guy he killed.'
The story came out. There had
been no ambush with a platoon of stoned soldiers. Nguyen had sold
Dooher a load of bad heroin, or maybe it was extra-good heroin. In any
event, Dooher sold it to his troops and it overdosed all but two of
them.
'And this never got reported?'
Again, an expression that told
Thieu that his world and Brown's operated on different planes. 'Dooher
covered it. He wasn't part of it. We - me and Lindley - we weren't part
of it. We all alibied each other. We were out on patrol, the guys left
back at camp had this bad load of shit, and it killed them.'
'And the authorities believed
you?'
Brown nodded. 'Enough, but that
wasn't really the end of it.' A slug of beer. 'Problem is, Dooher knows
it's his fault. And we know it's his fault. So now he like wants to be
friends, afterwards. Make sure Lindley and me, we got no hard feelings.'
'How'd he try to be your friend?'
'You know, pulled us - me and
Lindley - some cherry R and R in Hawaii. He had a knack of getting what
he wanted. He thought he'd show us a good time, make up for the other,
some bullshit like that. Lindley wouldn't do it.'
'Why not?' It was a direct
question and Brown hesitated again, but Thieu couldn't stop himself.
'Chas, why didn't Lindley want to go out with Dooher?'
'He thought he was going to kill
us.'
'Why?'
'Why? 'Cause we knew he'd fucked
up, that's why. We could ruin him if we told. We were the only
witnesses left and we were pretty bitter.'
'At Dooher?'
Brown shrugged. 'At the whole
thing, man. You get tight over there with your guys. You're like twenty
years old and then, wham, they're all dead but you. It makes you
bitter.'
Thieu believed it. 'But you went
out with Dooher? In Hawaii?'
Chas nodded. 'I just didn't see
it. He wasn't going to kill nobody. Lindley was just paranoid. I
thought.'
'Now you don't think he was?'
'Well, he didn't try to kill me.
There's the proof of that.'
The eyes seemed to go empty
again, but Thieu saw something in them that Chas Brown was trying to
keep hidden. Chas grabbed for the crutch of his beer glass, but Thieu
surprised himself, reaching out, grabbing his wrist, stopping him.
'What?' he asked.
'I always thought, later, that if
Lindley had come along, he might have. Killed us both, I mean. When I
showed up at his hotel alone, it was like he freaked out, goes all
quiet on me, like, "What the fuck? I ask my guys out for a good time,
on me, and they stand me up. What kind of bullshit is that?'"
'So what did happen? That night?'
'Nothing. We got drunk. Well,
tell the truth, first time in my life, somebody got drunker than me. I
was, I guess, still a little scared what he might do.' Brown's ravaged
face creased into a little-boy smile. 'I poured out a lot of good rum
that night. Still breaks my heart to think about it.'
'I bet it does.' Thieu found the
thread again. 'And so, after that, you became friends?'
'Not hardly.'
'Why not?'
'Cause he was an officer.' This
time he got the beer to his mouth. 'No, not that. I thought he was
pathetic, I guess. That's why.'
'Pathetic?'
A nod. 'You ever have somebody
push on you too hard they want to be friends so bad?'
'And Dooher wanted to be your
friend?'
It was all coming back now, and
Brown's head swung from side to side. 'No, no, no. He wanted to be
forgiven, that's all he wanted. I mean as long as we were alive,
and he wasn't going to kill us, then he wanted us to understand
how
bad he felt, how he had proved it, how he'd made fucking amends.'
'How did he do that?'
'Shit, I shouldn't be telling you
this. You're a cop.'
'I am a cop. So what?'
Thieu's hand was still locked
around his wrist, and suddenly Brown became aware of it; he moved it,
raised the beer to his mouth. Drained it. Took a deep breath. 'So he
killed Nguyen, the guy who sold us the shag. Went to his store and
gutted him with his bayonet, wiped the fucking blade clean on his
pajamas. Told me all about it, man to man, how he'd taken this great
risk and all to get the guy who'd been responsible for everybody's o.d.
So I'd forgive him, see what a hero he was. Can you believe that?'
'My Lord.' Glitsky, sitting on
the table in one of the interrogation rooms on the 4th floor, the door
closed behind him, flicked off the tape recorder.
'That's what I thought,' Thieu
said, 'except I didn't use exactly those words.'
'He wiped his bayonet on the
guy's pajamas!'
'That was my favorite part, too.
Do you think this is enough to play for Drysdale?'
'I think we're getting there. You
know, you came barging in with this, you didn't hear the other news.'
'What's that?'
'We got the blood lab report in
today. You know what EDTA is?' Glitsky consulted his notes.
'Sure. Ethylene Diamine
Tetra-Acetic Acid.' Glitsky's mouth hung open. 'My sister's a nurse,'
Thieu explained. 'I used to test her on stuff. But what about it, the
EDTA?'
Glitsky was still shaking his
head. 'You think - well, most people think -when you give blood, they
take it out, put it in a vial, spin it down or whatever, do their
tests, right?'
'Right.'
'Right. But often they need to
add an anti-coagulant to the blood to keep it from clotting, and that,
my son, is EDTA. Actually, that's not precisely right. They don't add
it to the blood. It comes in the vials. They've got purple stoppers on
the top.'
'So?'
'So the blood all over Sheila
Dooher's bed, supposedly left there by the perp when he was cut in the
struggle, was loaded with EDTA.'
'Which means?'
'Which means that Dooher got his
hands on some blood - maybe at his doctor's, maybe the same place he
got the surgical glove, I don't know. He thought he'd leave a bunch on
the bed, send our slow-witted selves off in search of a man with
A-positive blood, which couldn't be him. But, sadly for him, the vial
he picked up wasn't pure.'
Thieu tsked. 'And how could he
have known?'
Glitsky stood up. 'Of such
questions are tragedies made.'
At 10:15 on Tuesday morning,
Glitsky, Thieu, Amanda Jenkins, and Frank Batiste were all jammed in
front of Art Drysdale's desk. The door was closed behind them.
Art was sitting back in his
chair, getting an angle on them. 'It's awful swell having you all stop
by at once. If I'd a' known you was comin', I'd have baked a cake. Any
of you know that song? No?'
Glitsky was thinking that he bet
Thieu knew it, but didn't want to draw attention to himself. The other
guests looked around at each other, and it was Amanda Jenkins who spoke
up. 'We want to talk about Mark Dooher, Art.'
'Okay. What about him?'
'He killed his wife,' Glitsky
said.
'All right. What's the problem? I
don't need a committee to tell me that.'
Since Glitsky had the ball, he
decided to keep rolling it. 'The problem,' he said, 'is that he also
killed Victor Trang, and Frank here tells me that Mr Locke may have had
a hand in shutting down that investigation. And if he's got some kind
of political tie with Dooher...'
Drysdale held up a palm. 'Whoa.
Stop right there. Chris Locke didn't stop any investigation, period.
Chris Locke does not obstruct justice, and we're not going to talk
about that here. Everybody understand that?'
Everyone nodded.
Drysdale pointed at the Head of
Homicide. 'Frank, did I tell you to drop the Trang investigation?'
Batiste swallowed. 'You did say
that unless we got some real evidence pretty soon, we ought to move
along.'
'And did we get some real
evidence? Physical evidence that would withstand the rigors of a jury
trial?'
'No.'
'Okay. So much for the old news.
Now what's this about his wife - Sheila, right?'
Glitsky took over again. 'I'd
like to just run the whole thing down - it's a little complicated - and
you tell me how you think it looks.'
'Excuse me, Abe.' Drysdale's gaze
went to Jenkins. 'Amanda, you've heard this already?'
'Yes, sir. But you remember I
heard Levon Copes, too, and you and I came to different conclusions.'
'This is like Copes?'
Glitsky butted in. 'It's one of
those times - like Copes - where we know the perp, yeah. We know that
first.'
Drysdale was shaking his head,
his lips tight. 'And you know how uncomfortable that makes me?'
'Which is why we're here seeking
your counsel and advice.'
Drysdale laughed out in the small
room. 'Beautiful,' he said. 'Let the record reflect that I am truly
snowed by this display of sincerity and trust.' He leaned forward,
elbows on his desk. 'All right, tell me all about it. If I like it,
we'll ask my wife. If she likes it, we'll go to the Grand
Jury. I promise.'
Later, around 11:30, Drysdale
poked his head into Homicide on the 4th floor, saw Glitsky at his desk,
and walked over.
'I just called Lou's,' he said,
referring to Lou the Greek's, 'and today's special is Kung Pao Chicken
Greek Pizza.' Lou's wife was Chinese and the menu at the place often
featured interesting culinary marriages such as this. 'I ordered a
medium, enough for two, and it's going to be ready in,' Drysdale
checked his watch, 'precisely seven minutes.'
'Sounds delicious,' Glitsky said,
getting up, 'but I'm really only going because I want to see how they
do it. I make that stuff at home, it almost never turns out.'
They were in a booth along a wall
in the back of the darkened restaurant. The table was below street
level. The wood-slatted windows began at their eyes, and outside the
view of the alley included two garbage dumpsters, the barred back door
of a bail bondsman's office, rainbows of graffiti on every surface.
At the big meeting in his small
office, Drysdale had listened attentively and said he wanted to review
the reports, but tentatively wasn't going to object to proceeding with
the Grand Jury indictment on Mark Dooher.
But he and Glitsky had a bit of a
longer personal history, which was why they were having lunch now.
Lou the Greek himself was
hovering at the table, wondering how today's masterpiece was being
received. 'It's good,' Drysdale was saying, 'but -you want my honest
opinion, Lou? - I'd leave off the goat cheese.'
Lou was in his fifties and he'd
lived underground in a cop bar for twenty-five years, so he looked
closer to a hundred. But his eyes still sparkled in a long, lugubrious
face. 'But the goat cheese is what makes it Greek.'
'Why does it have to be Greek?'
Glitsky asked. 'How about just plain old Kung Pao Chicken pizza like
everybody else makes?'
'You've had this before?' Lou
asked. It bothered him. This was San Francisco, a major restaurant
town, and Lou featured his wife's cuisine as cutting edge, which, in
fact, it was. Not particularly good, but nobody else made anything like
it.
'Lou, they got this at the Round
Table, just without the goat cheese.'
The Greek turned to Drysdale.
'He's putting me on.'
'It's possible,' Art agreed. 'But
here's an idea. The chicken. Why don't you just serve it over rice -
forget the pizza altogether. Call it Kung Pao Chicken?'
'But then it's Chinese food.' The
idea clearly distressed Lou. 'Everybody makes Kung Pao Chicken. People
come here to eat, they expect Lou the Greek's, something Greek, am I
right? I let my wife take over completely and pretty soon I'm Lou's
Dragon Moon, a Chinese place. I'm fighting for my ethnic identity here.'
Glitsky took a bite of the pizza.
'On second thought, leave the goat cheese, maybe sprinkle on some grape
leaves.'
Lou straightened up, struck by
some merit in Glitsky's suggestion. 'Kung Pao dolmas,' he said. 'You
think?'
Drysdale nodded. 'Worth a try.
Abe?'
Glitsky's attention had suddenly
wavered. He was staring blankly out the window at the alley.
'Abe?' Drysdale repeated. 'You
with us?'
'Yeah, sure.'
'I was telling Lou. King Pao
dolmas? Good idea?'
Coming back from far away,
Glitsky nodded. 'Yeah, good idea. Definitely.'
But the real purpose of the lunch.
'I'm just going to pretend to be
a meddling, picky defense attorney here now for a couple of minutes,'
Drysdale was saying. 'I can see you and Amanda want to run with this
and my instinct tells me it's going to go high profile in about ten
seconds, so I'd like to have answers for some questions that I predict
will be asked by our ever-vigilant media, to say nothing of my boss.'
The pizza was done, the tray
cleared away. Glitsky had his hands folded around a fresh steaming mug
of green tea on the table in front of him. 'Okay, shoot.'
'All right. Dooher comes home
from work, brings some champagne, into which he intends to put some
chloral-hydrate, thereby to knock his wife out so that he can come back
later and kill her. But when he gets home, she is already dead. This is
the theory?'
'Right.' This was, of course, the
nub of the problem. 'But he doesn't know she is dead. He's got his plan
all worked out and he's moving fast, all nerves. He comes in, says
thank God she's not awake, not moving, and he sticks her, rearranges
the body to make it look like a struggle, gets back to the driving
range before anybody notices he's gone.'
'But he was gone, Abe.
He's been gone at least a half-hour. And nobody noticed? You talked to
people there at the driving range, right? Anyway, forget that. Let's go
back. You're saying he poisoned her with chloral-hydrate, is that it?
How do we know she just didn't take the stuff? What if she was
committing suicide?'
Glitsky spun his tea slowly. 'So
your argument is that Dooher waits until his wife commits suicide and
then comes in and stabs the body with a knife and makes it look like a
burglary?' He shook his head. 'No, Art. The knife-wound is why it's not
suicide. The drugs is why it's not a burglary. Besides, there wasn't
enough chloral-hydrate to kill her.'
Drysdale spread his palms. 'I
thought she was poisoned. Didn't you just say the chloral-hydrate ...?'
'The chloral-hydrate is the drug
Dooher gave her to knock her out, make her go to sleep. But what he
didn't know was that she was evidently having a tough time with
menopause and was already taking a drug called Nardil for depression.
Also, just that day she had evidently dosed herself up with Benadryl.
She had an allergy shot that morning. So she was already drugged to the
gills. Then she drank the champagne. Add alcohol, mix and pour. The
chloral-hydrate pushed her over. It did her in.'
'Okay.' Drysdale sighed. 'So
what, exactly, does that leave us with? The stabbing is a crime, okay,
but it's not Murder One. Hell, it's not Murder Anything to stab a dead
body.'
'It is Murder One to
poison somebody to death.'
Drysdale sat back in the booth,
contemplating it.
A quiet edge crept into Glitsky's
voice. He leaned in over the table. 'This works, Art, listen: Amanda's
argument isn't going to be that he meant to kill her with
chloral-hydrate, even though that was the result. He didn't intend to
kill her until he stabbed her later, but he did intend to give her
poison, and she died from that. And the beauty is that stabbing
her is what proves it.'
'And, of course, we can prove
that?'
'We know he stabbed her.'
'Not exactly my question.'
'Okay. This is what we've got.
You tell me.' Glitsky outlined it all. It was Dooher's knife and
contained only his fingerprints. He had left his house alarm system off
and his next-door neighbor had seen him unscrewing his side-door light
on the way out to the driving range. Another neighbor saw his car
parked on the street around the corner from his house during the time
he was supposedly hitting golf balls. Then there was wiping the blade
on the victim's clothes, which Glitsky had never encountered before in
all his years in Homicide - and now it had happened twice in cases
implicating Mark Dooher, three times if you included Chas Brown's
Vietnam story. Finally, there was the blood that had been contaminated
with EDTA. 'And who else would have stabbed a dead woman and then faked
a burglary?'
When Glitsky finished, Drysdale
sat still for a moment. 'You've got an eyewitness for the car?'
Glitsky nodded. 'Emil Balian.
Swears it was Dooher's car, swears it was that night, that time. Rock
solid.'
Drysdale appeared satisfied.
There's your case,' he said. 'Don't let that guy die.' A beat. 'But
now, just for me, Abe, one more thing. You want to tell me why he did
it?'
'Frank's always telling me we
don't need motives. We just need evidence.'
'And Frank's right, Abe, he's
right. But Chris Locke is going to be curious as to why a model citizen
suddenly decides to kill his wife.'
'Don't forget Victor Trang.'
'Okay. Him, too, maybe - two of
them for no apparent reason. Why did he do this?'
'Maybe Sheila and Trang were
having an affair.' Glitsky held up a hand. 'Just kidding. The real
answer is we don't know. Not yet.'
'Well, Chris Locke is going to
ask, Abe, and I'd be a whole lot more comfortable if I had something to
tell him.'
'Amanda's got two possible
theories.'
'Which are?'
'This thing with Sheila's
drinking. We've heard some talk - both from neighbors and from some of
Dooher's partners, that she got silly when she was out in public. She
might have pushed it too far, become an embarrassment.'
'I don't think so,' Drysdale said
flatly.
'The other one is money.'
'Money is always good. What kind
of money?'
'A million six. Insurance.'
'The wife had a million
six? Now we're talking.'
'Well, they both had it.'
'The same amount on each other?
Why?'
'I gather when Dooher reorganized
his firm a couple of years ago, things got pretty lean. They were
living on their savings, deferring his salary, the whole thing. Dooher
thought he'd turn it around eventually, and he did, but if he died
halfway through, Sheila was pretty exposed, so they started to buy some
term on him just in case, and then she evidently wanted to protect him
if she died in the middle of it.'
'So, bottom line, Dooher's
getting it?'
'Yep.'
Drysdale stretched his neck,
looked around the now near-empty bar. 'All right,' he said, slipping
out of the booth. 'It could be tighter, but I think we've got enough.
I'll tell Amanda that if we need it we're going to go with the
insurance.'
Drysdale waited until the end of
the day. He was going to be reporting to Chris Locke anyway on a host
of other matters, and while he didn't for a moment dream that he'd
simply slip this one through, he thought he would package it to appear
within the realm of normal business.
Hah.
'As you might imagine, Art, I've
already gotten a call on this, warning me to expect just such a moment.
The Archbishop is not going to be pleased. He is convinced there is
some kind of vendetta going on against Dooher.'
'I don't think so, Chris. I think
he killed his wife for a million six in insurance money.'
'And why did he kill Trang? Jesus
Christ, Art, people don't just become homicidal maniacs one morning out
of the blue for no reason at all.'
Drysdale was suddenly happy - in
the midst of this reaming - that he'd earlier decided not to mention as
part of his argument the Chas Brown story. Instead, he stuck to the
question at hand. 'He killed Trang because Trang pissed him off - hey,
I'm not saying it's the best reason I've ever heard - but it worked. He
got away with that so he got cocky, decided he could do the same with
his wife and collect big time.'
'Why does he want to collect big
time? Does he need the money? Is his business failing?'
Since Drysdale knew that, if
anything, the contrary was true, he thought it would be wiser to shift
gears, get on to the evidence. The point is, this time we've got
witnesses, we got fingerprints on the murder weapon. We have one good
citizen who saw Dooher's car near his house when he said he was at the
driving range. Chris, we've got a case. We've got a righteous Murder
One.'
But Locke was still frowning, his
head swinging slowly back and forth, side to side. 'And Glitsky's the
investigator again? How'd he get on this?'
'I don't know, Chris, but he's—'
'He's got a damn conflict of
interest, if you ask my opinion. Even if he's not out to get this guy,
for whatever reason, it looks like he is, which is just as
bad.' Locke didn't want to add, although they both understood, that
Glitsky, who for statistical purposes within the bureaucracy was
considered black, was someone Locke couldn't afford politically to
alienate or even, to a great degree, to criticize. As a show of
solidarity, Locke had even attended Flo's funeral a few weeks before.
'Well, I'm afraid that's water
under the bridge now, Chris. Glitsky's the Inspector of record.'
Locke stood still for a moment,
then swore and slammed his hand down on his desk. He walked over to the
windows and stood staring out, his hands clasped behind his back.
Without turning, he spoke conversationally. 'I really, really don't
want to charge anybody, much less an influential lawyer, with a
murder he didn't commit.'
'No, sir. Neither do I.'
Now Locke did turn. 'What do you
think, Art?'
Commitment time. Drysdale spoke
right up. 'I think Glitsky's right, though it may be a bitch to prove.'
'You don't think there's anything
to him being out to get Dooher, planting evidence, anything like that?
Or his wife's death has—'
But Drysdale was emphatic. 'Not a
chance.'
Back out to the window. 'All
right, I'm going to give you my decision and you're not going to like
it, but here it is. We go for the indictment on killing his wife, but
not on Victor Trang. From what you say, we're not going to prove Trang.'
'Well, sir, there is the
consistent M.O., with wiping the blade ...'
'Forget it. It's not going to
happen. So we go with one count, Murder One, no specials.' This meant
special circumstances murder-killing a police officer, multiple
murders, murder for profit, and other especially heinous crimes.
'But we've got specials at least
two ways.'
'No.' Locke was emphatic. 'I am
supporting my staff on the one charge that it has any chance of
proving. But personally, I must tell you, Art, I am not convinced. It
smells funny to me, but I can't not charge it, can I?'
'I don't think so, no.'
'All right. Then go get the
indictment, but I want you to ride this case like white on rice - it
starts to go sideways, I want to know about it yesterday, all right?'
'Yes, sir.'
'And one other thing. I want you
to ask for a quarter million dollars' bail.'
'What?' Drysdale was stunned.
This was unheard of. Murder suspects did not get out on bail, or if
they did, it was for millions. A quarter million dollars' bail meant
that Mark Dooher could put up his ten percent bond on one of his credit
cards and be out of jail before he was in. In effect, he would never be
arrested.
'You heard me, Art. This
particular man is innocent until he's proven guilty, and I want him treated
innocent. Do
you understand?'
'But this bail, sir. The
precedent alone...'
'This is an unprecedented case.
If Amanda Jenkins wants it and you think it's a winner, I'll go along
because I respect you, Art. But we'll do it my way. And that's the end
of it.'
'But—'
He held up a warning hand. 'No
buts! That's the end of it!'
Glitsky liked this woman. The
appointment was scheduled for his home at 7:30 and that was the exact
moment she rang the doorbell. Glitsky generally believed that
cleanliness was next to godliness, but punctuality was next. Rita was
starting off on the right foot.
He'd been surprised, at first, by
her nationality, since he'd expected Rita Schultz to be somehow vaguely
Germanic. But she was a hefty and healthy-looking Hispanic woman. Her
great-grandfather, she explained, had come over to Mexico with the
Emperor Maximilian's troops, then stayed. She was thirty-three years
old and her English was accented but at least as grammatical as most of
what Glitsky heard on television.
She had been working for six
years for the same couple - the references were glowing. The couple
were having their third child, and the woman had decided that she was
going to take an extended leave from her job in advertising and stay
home with her new baby and the other two, so they wouldn't need a nanny
anymore. But it did mean that Rita could not start for Glitsky until
after the baby was born. It was due any day.
He thought that for Rita Schultz
it would be worth the wait.
The light had faded long ago and
Christina was sitting alone in her office at McCabe & Roth. The
room was small, stark and utilitarian, with a desk, a computer
terminal, a bookshelf, a gun-metal legal file. With her door open, she
could look out across the open reception area and catch a glimpse of
the Oakland Bay Bridge, but she had no windows of her own. The walls in
her office had been bare when she'd moved in, but she'd tacked up a
couple of posters to lessen the claustrophobic feel. On her desk she
had a picture of her parents smiling at her from the pool deck in Ojai.
She heard a noise somewhere on
the floor and glanced up from the brief she was writing. Seeing her
parents in the picture, smiling and carefree in the bright sunlight,
she felt a pang and looked at her watch.
9:35.
What the hell was she doing with
her life?
She stretched and stood, thinking
she'd go see what other lunatic was burning the oil the way she was. At
her door, she paused - it was Mark's office, the light on now. He
hadn't been back into work yet. She crossed the reception area.
The sense of disappointment when
it wasn't Mark brought her up short.
She hadn't really been
consciously aware that she was waiting to see him, wanting to see him
again. She'd been biding her time until he could face coming back into
work, and then, thinking it must be him in his office this late at
night, her heart had quickened.
But it wasn't him. Another man
was standing by the wraparound windows, looking out at the mezmerizing
view. She knocked on the open door. 'Wes?'
Farrell turned, smiled weakly.
She couldn't help but notice how drawn and tired he seemed.' C 'est
moi. I thought everybody would have gone home by now.'
She took a step into the room.
'Can I help you?'
'I don't think so.' He held up a
key by way of explanation. 'Mark asked if I'd stop by on my way home
and pick up his in-box. He must be thinking about coming back to work.'
Wes moved over to Dooher's desk, picked up his briefcase and opened it.
'What are you still doing here?'
Christina shrugged. 'Brownie
points, I guess. I wanted to finish my brief by the morning. How is
Mark doing?'
Farrell raised his eyes. 'He's
lying pretty low. I haven't seen him since the funeral. We've done some
phone.' He finished stowing Dooher's papers in his briefcase, snapped
shut the lid. 'He'll be all right, Christina. He's pretty tough.'
'I don't know if tough helps at a
time like this.'
'Well,' he smiled ruefully, 'it
doesn't hurt.' Lifting the briefcase, he came around the desk, over
next to Christina. He gestured her out, turned off the lights in
Dooher's office, closed the door and locked it.
'Wes, are you worried?'
'About what?'
'Mark. The police. Sam said—'
He turned to her and his
shoulders sagged. 'I don't want to talk about Sam. And I don't know
what's going on with the police, to tell you the truth. I don't think
Mark does either. So far they've left him alone. Maybe that's a good
sign.'
'You don't sound very confident.'
'I don't think I am.'
'But if he wasn't there ...'
'I know. But if you're
predisposed to see something, you'd be amazed how often you'll see it.
I think the police got stuck on the Trang murder and suddenly Mark went
from being an upstanding businessman to potential suspect. And once
you're a potential suspect, well, you know this. It's a lot easier to
accuse somebody a second time.'
'But not if he wasn't even there!'
'Maybe. But all they've got to do
is have somebody at the driving range say they couldn't swear he stayed
there all night, and then they walk around the neighborhood asking
everybody if they saw Mark Dooher or somebody who looked like him, or
his car, or a car that looked like his car. And somebody will have seen
something, or thought they did, and that's all they'll need.
'Even Sam ... no. I've got to get
going.'
He started toward the elevator.
'What about Sam? Wes!'
He made it another couple of
steps before the spring gave out and he stopped.
'What happened with Sam?'
He turned around. 'Actually, Sam
is a perfect example of what I'm talking about.'
After he hired Rita and she left,
Glitsky was back in his kitchen, rattling around, when his beeper went
off. He called the number and learned that Paul Thieu was still
working, had beeped him from a pay phone not ten blocks away.
Glitsky had sent him out on what
appeared to be another wild-goose chase, and for the second time in two
days Thieu had discovered something. Glitsky gave him his home address
and told him to come on up.
No sooner had he opened the door
when Thieu enthused: 'Dr Peter Harris. I realized going over to his
place that I couldn't ask - he wouldn't know -about any missing
surgical gloves, they're not any kind of a controlled item. But the
blood, he's sure of. He even thinks he knows precisely whose blood it
was, though we'll never be able to prove it.'
'And why is that, Paul?'
'Because the man is dead and
cremated. He's gone.'
It had been Glitsky's idea to
question Dooher's physician to see whether any vials of blood had gone
missing in the past month or so. He reasoned that Dooher had to have
gotten it somewhere, and his own doctor's office seemed the most likely
spot. So he'd told Thieu that the place to start would be Sheila's
female doctor, whom they already knew. It might not be much of a
stretch to suppose that the family physician - Mark's doctor - would be
somewhere on Sheila's documentation or records.
'Did you have to mention Dooher?'
The police were keeping the EDTA angle out of the news for the time
being, so it would be better if no names were used.
Thieu's face, already animated,
lit up ever further. 'No. He didn't even ask. I showed him my ID and
told him we were talking to a lot of doctors, doing a kind of informal
survey on how often blood got lost from their offices or labs.'
'You made this up?'
'Yeah. I told him that with our
new DNA tracking and all, we were seeing more and more criminals
contaminating crime scenes with - we thought -stolen blood, to throw us
off. So we were trying to track the sources of it.'
'And he bought this?'
Thieu broke a grin. 'I have an
honest face. Anyway, he said it almost never happens, especially since
AIDS. Blood is a high-security item. But it turns out his lab did lose
this one vial last month. The doc was really upset because the patient was an old
guy with bad veins who pitched a fit over having his blood taken at
all, and then they had to do it again.'
'And he is Mark's doctor, Harris?'
'I couldn't help but notice
Dooher's name in the Rolodex on his receptionist's desk. So unless it's
a coincidence ...'
Glitsky still hadn't closed the
door or invited Thieu in, but neither of them seemed to notice. 'Okay,
let's get a subpoena tomorrow for Harris's records and find out the
last time Dooher saw him.'
'Do we need to do that? If we're
letting the cat out of the bag about the EDTA, why don't I just call
him back and ask him? If you want to invite me in?'
In ten minutes they knew. Dooher
had gone for his yearly physical a couple of weeks ago. Dr Harris would
doublecheck on the exact date in the morning, and also when the blood
was reported missing. But he thought the two dates were in the same
general time span.
Wes Farrell delivered Dooher's
in-box and his friend asked if he'd like to come in and talk about
things. Now, in the turreted library, Wes crossed one leg over the
other, sinking back into the soft leather. 'I've got to ask you, Mark.
I've been wrestling with it all day. Sam and I broke up over it, and
I'd kind of like that to have not been for nothing.'
'You two broke up over whether or
not I slept with somebody in college?'
'Not slept with, Mark. Raped.'
'I don't believe this.' He began
pacing, fingers to his temples. 'What's next? Where are they digging
this up? What did Sam say the woman's name was?'
'Price, I think.'
He stopped pacing and took a
breath. 'I have never heard of anybody named Price. I never dated
anybody named Price. I swear on Sheila's grave. And PS, old buddy, I've
never raped anybody either. It's not my style. Jesus Christ. Sam
believes I did this? Where did this Price woman come from?'
'I don't know. She walked into
the Center and said you'd raped her.'
'When, exactly, did I rape her?'
'In college sometime. You were
out drinking and she brought you back to her room -I don't know.'
Suddenly Dooher snapped his
fingers. 'Diane? Lord, Diane Taylor. Of course, of course.'
'You do know her?'
'No, I'm not sure.' An ottoman
was handy and Dooher sat heavily on it. 'I don't know any Diane Price,
Wes, but I did go out a couple of times with a Diane Taylor. If it's
Diane Taylor ... let's hope it's not Diane Taylor.'
'Why not?'
'Because Diane Taylor is an
unbalanced person, Wes. She's done every drug in America twenty times
over. She slept with every single other guy I knew at Stanford.'
'Including you?'
'Including me, before I even met
Sheila. And with her full consent, I assure you.' He moved the ottoman
forward, lowered his voice. 'Wes, you know more than anybody.
The couple of times I screwed up on Sheila, didn't I come crying to
you? But this wasn't a screw up. This - if it was Diane Taylor - was
getting laid a couple of times before I developed any taste in women.
Jesus, she's now saying I raped her!
'Evidently. And ruined her life
in the bargain.'
Dooher hung his head and shook
it. Raising his eyes, he met his friend's gaze. 'It's just a black lie,
Wes. I don't know what I can tell you. I didn't do anything like that.
I wouldn't.'
'I know,' Farrell said. 'I didn't
think so, but I had to ask, all right?'
A long, frustrated sigh. 'Okay.
But this gets old, especially at this particular juncture in my life,
you know what I'm saying? I'm not having my best week.'
'No. I'd imagine not. Me,
neither, actually.'
Dooher's voice softened. 'I'm
sorry about your girlfriend. I feel if it hadn't been for me...'
'No, it's not you, Mark. It was
her. It was me.'
'So go back and tell her you're
sorry. Leave me out of it. I can get another lawyer whose life I won't
ruin.'
'You're not ruining my life, and
I am your lawyer.'
'Just so you're sure.'
'I'm sure. I'm sure you didn't do
any of this.'
'That's good to hear, because I
didn't.'
'Well, then, here's to the
old-fashioned idea of friends standing by each other. And to hell with
the rest of 'em.'
'Amen to that,' Dooher said, 'and
thank you.'
The conference room at McCabe
& Roth had seen more somber moments, but not since the downsizing
layoffs. And this may have been worse than any of those.
It was five o'clock on this
Monday evening, one day shy of two weeks from the day of Sheila's
death. Mark Dooher waited until the room was full before having Janey
page him and tell him it was time.
Dooher lingered one last moment
outside the room, aware of the muted tones within These people were
worried. He had returned to work the previous Wednesday, enduring the
sympathy of his partners and staff, taking individual meetings with key
people for the rest of the week, reassuring one and all that life would
go on, he was fine, the firm's client base was solid.
And then Sunday's Chronicle broke
the story with the front-page headline - Local Lawyer Suspected in
Wife's Murder.
'Sources
at the Hall of Justice
have confirmed that the Grand Jury is considering an indictment on a
prominent San Francisco attorney, Mark Dooher, for the murder of his
wife, Sheila.' The long article went on to include all the other
details that the unnamed 'sources' provided - the other allegations,
from the rape of Diane Price to the murders of Victor Trang ten weeks
earlier and Andre Nguyen in Vietnam.
Dooher and Farrell had spent all
of the morning denying everything. They had held a press conference in
Wes's office. Yes, they were planning on suing the Chronicle and
the police department. No, he had never raped anybody. He'd never
killed anyone in Vietnam or anywhere else. This was a carefully
orchestrated character assassination . . . political overtones . . .
despondent, desperate Police Inspector ... blah blah blah.
They'd hit all the high notes,
and the media had gone into its fandango. All the local stations were
carrying it by the noon broadcasts, radio talk-shows picked it up. The
office had gotten calls from Newsweek and Time and USA
Today. Clearly, it was going to turn into a circus.
He opened the conference-room
door and all noise ceased. He went to the chair at the head of the
table and stood a moment, meeting the eyes of his people one by one. He
came to Christina and gave her an almost imperceptible extra nod.
Finally, he cleared his throat.
At his earlier request, Janey had
placed a copy of the Sunday Chronicle in a folder at his
place. Dooher picked up the folder, opened it, and withdrew the paper,
holding it up so that the headline fairly screamed. He, by contrast,
spoke with great control,
quietly. 'I did not do any of this,' he said. 'I will fight these
charges until the day I die.'
No one said a word.
He scanned the room again, the
sea of faces staring back at him, rapt. The current of tension was
palpable, underscored by the barely audible sibilance of heavy
breathing. Janey and three of the other women in the room were crying.
He continued: 'I wanted to meet
with all of you, face to face, and tell you this. I want to sit here
and answer any questions you might have. We're a room full of lawyers
and you'll notice I don't have my lawyer present in here - he's sitting
in my office, waiting until we're finished. I don't have anything to
hide.' He glanced a last time at the newspaper, then put it back in its
folder. Sitting down, he clasped his hands in front of him on the
table. 'I am at your complete disposal.'
Glitsky and Thieu, armed with
their warrant, stood in the empty reception area for a couple of
seconds, wondering where everyone was. That odd, red evening light
seemed to shimmer in the moted air and the place appeared absolutely
deserted.
'This is spooky,' Thieu whispered.
'Dooher's office,' Glitsky said.
'I know where it is.'
They walked the long hallway
through the center of the building, offices to either side, all of them
empty, the light blessedly shaded in the interstices between them.
The area opened up again in front
of Dooher's office - Janey's area, the view again, the light. Glitsky
knocked on Dooher's door and sensed the movement inside. He put his
hand on his gun and the door opened on Wes Farrell.
'We've been expecting you,' he
said.
Still with his staff in the
conference room, Dooher looked over and stood when the door opened.
'Excuse me,' he said to the silent table in front of him. He came
outside to meet them, closing the door behind him. 'You're making a
terrible mistake, Sergeant,' he said.
'You have the right to remain
silent,' Glitsky began, while Thieu - more or less gently - took
Dooher's arm and placed a handcuff over one wrist, turning it behind
his back.
'Is that necessary?'
The door opened again and Thieu
put out a hand against it. 'Just a minute, please. Police.'
But the door got pushed open
anyway. Roughly.
'Sergeant Glitsky!'
Glitsky stopped his recital. He
remembered her now, no problem. Stunning in the sepia light, her color
high, eyes flashing. 'Ms Carerra,' he said. 'I'm sorry, can I ask you
to
please wait back inside?'
'No, you can't! This is
outrageous!'
Farrell stepped forward.
'Christina...'
She jerked her arm away, faced
off on them all. 'What's the matter with you, Sergeant? Can't you see
what you're putting this good man through? Look at him. He didn't do
anything. Goddamnit, look at him, would you?'
But Glitsky was looking at her.
'Christina, it's all right,'
Dooher said.
Thieu had snicked the other cuff
on Dooher and now he was advancing on Christina. 'I'm afraid I'm going
to have to ask you to get back in there, ma' am. Right now.'
Glitsky said, 'Paul, it's okay.'
'It's not okay!'
Christina's hands were clenched. Tears of anger were beginning to gleam
in her eyes.'This isn't right. Why are you doing this?'
'Christina,' Dooher repeated.
Softly, almost like a lover. 'They can't prove it. It's all right.'
Then, to Wes, gently, 'Take care of her, would you?'
Christina looked pleadingly at
Dooher. He met her eyes. She started to reach a hand up, but Wes
Farrell took it. Some profound energy, unmistakable, flowed between
them.
Glitsky saw it, and suddenly knew
that the very slim chance that he might in fact be wrong had
disappeared. They had inadvertently given him the last piece, the
elusive key to the whole puzzle - a motive.
Part Four
The Dooher case had enthralled
much of the public and captivated the media, not only because of the
bizarre set of facts in the case itself, but because it had so deeply
polarized the already Balkan-like factions that made up San Francisco.
Wes Farrell had carefully
manipulated the coverage, accusing Glitsky of using Dooher as a pawn in
his own campaign for advancement within the police department. There
was simply no case against Dooher. It was all political.
Glitsky, abetted by activist
feminist prosecutor Amanda Jenkins, was simply trying to make his bones
by pushing a high-profile case in front of Police Chief Dan Rigby, who
was a rubber stamp for the liberal Mayor Conrad Aiken. At the same
time, Glitsky was counting on the support of District Attorney Chris
Locke, a black liberal supported by two gay supervisors.
On Dooher's side, he had the
Archbishop of San Francisco, most of the city's legal community, a host
of independent angry white males, including some very vocal radio
personalities.
Dooher was white and male.
Stories appeared in which people who had known him (and whom he'd
fired) recounted his insensitive remarks about his own lesbian
daughter. There were no gay attorneys in the firm he ran. He must be
homophobic. No women had made partner in his firm, either. He was on
record as being anti-abortion.
In short, Mark Dooher's public
defense was that he was a modern-day Dreyfuss - exactly the
kind of scapegoat an ambitious liberal zealot like Glitsky would need
to bolster his reputation and advance his career. The Sergeant had
taken the Lieutenant's exam and, in what was widely viewed (and roundly
criticized in certain circles) as another liberal end run to enhance
his prestige as a prosecution witness, he had been promoted to Head of
Homicide.
Outside Judge Oscar Thomasino's
courtroom on the 3rd floor of the Hall of Justice, things were heating
up.
Building security had erected a
makeshift sawhorse chute through which spectators at the trial would
have to pass before they entered the courtroom. At the double doors, a
metal detector further slowed ingress. (The metal detector at the front
entrance to the Hall had been known to miss the occasional weapon, and Thomasino didn't want
to take chances in his courtroom.)
So on this cold and clear Monday
morning, the ninth day of December, the hallway outside Department 26
was a microcosm of the city, and it was all but unbridled bedlam.
There had already been a
mini-riot between the Veterans of Foreign Wars, who supported Dooher,
and the Vietnam Veterans of America, who believed Chas Brown. Seven
people had to be restrained by the building cops, and two were removed
from the hallway and arrested.
But that hadn't ended it. Their
blood up, a couple of hippies from the VVA group waded into a
contingent of Vietnamese activists who were there protesting the fact
that Dooher wasn't being charged with the Trang or Nguyen murders, both
of which had received enormous media attention.
It didn't help that the chute was
funneling everyone into the same place.
Inside the courtroom, it wasn't
much calmer. The hard wooden theatre-style fold-up seats and all the
standing-room area in and around them, were crammed with print and
network reporters jockeying for space. Women's rights activists wanted
Diane Price's story to be heard. Pro-choice and pro-life advocates
sniped at each other across the central aisle. The veterans who'd made
it inside weren't getting along much better than they had in the
hallway.
And this was merely for the
pre-trial motion phase, before jury selection had even begun. Attorneys
for both sides went before the Judge and talked about the evidence they
would be presenting, about what would be allowed, what barred.
Normally, this was not a public,
'sexy' part of a trial. It was often a lot of legalese and mumbo-jumbo.
But if any of the political and social issues that surrounded this
trial were going to be part of it, today was when everyone was going to
find out.
The Judge hadn't yet entered the
courtroom, but the court reporter was at her machine in front of the
Bench, the clerk sat with his computer printouts off to the side, and
the three bailiffs stood at ease in their uniforms.
At the defense table, Mark Dooher
was a study in careful control. He and his attorneys had come into the
Hall of Justice and then into the courtroom through the back door to
avoid having to confront either the reporters or the crowds
demonstrating in the hallways outside. Now Dooher sat, somber and
subdued, his hands folded in front of him on the table.
On his right was Wes Farrell,
who'd lost his ten extra pounds and abandoned his former air of
slovenliness; with his maroon tie and charcoal-gray Brooks Brothers
suit, he was every inch the successful lawyer.
On the other side of the
defendant sat Christina Carrera, by some accounts the 'other woman' for
whom Dooher had killed his wife. This theory seemed to suffer under the
burden of inspection - the two had been hounded by reporters nearly
constantly for months now and they had spent little or no personal time
together. They'd never been caught out at any private tryst. They
denied any personal involvement with each other beyond a mutual
friendship, respect, and
commitment to proving Dooher not guilty.
Christina had only passed her Bar
exam two weeks before but, at Dooher's request, had been on his defense
team from the beginning. Over Farrell's strenuous objections.
Dooher had sprung the idea on him
as they were leaving the Hall of Justice after posting bail. Farrell
had laid a hand on his friend's sleeve. 'Let me get this straight. You
want Christina Carrera, who hasn't even passed the Bar, to be my second
chair in your murder trial?'
'She'll have passed the Bar by
the time we go to trial.'
'Okay, so even then, that's your
plan?'
'That's it.'
Farrell nodded, appearing to give
it serious thought. 'How can I phrase my response so that it's both
powerful and unambiguous and yet subtle and sensitive? Ahh, the words
are coming to me: are you out of your fucking mind?'
'Not at all, Wes. It's a terrific
idea.'
'It's the worst idea I've ever
heard. The very worst.'
Dooher started walking, forcing
Wes to tag along down off the steps of the Hall, along Bryant. 'No,
listen...'
'I can't listen, Mark. It doesn't
bear discussion.'
But Dooher was going on. 'We both
agree We've got political issues on our hands here, right? Here we are,
two old white guys, the very image of what San Francisco hates, what
any representative jury is going to hate ...'
'It doesn't hate—'
'No, hear me out. And at the
prosecution table, we've got a woman DA and a black cop, representing
the forces of justice. We need, to steal their own thunder, diversity.'
'Okay, so we'll get a second who
doesn't look like us, but not her. I've already heard talk about the
two of you—'
Dooher stopped walking. 'There is
nothing to that. Nothing.'
'I didn't say there was, Mark.
I'm telling you what I've heard other people saying.'
'Well, then, all the better. Get
the rumors out of the closet. Put her on the team and we'll all be
under a microscope for months, and they won't find a damn thing 'cause
there isn't anything. She is very bright, you know. Law review, top of
her class.'
'Bright, schmight, Mark, she's
not even a lawyer.'
'We've covered that. She will be.
She's got passion and brains and she'll work her ass off for you at a
fraction of what you'd have to pay somebody else.'
'You mean what you'd have
to pay someone else. You're telling me money's the issue?'
'No. That's incidental. I'll
save a few bucks, but I want her with us. She's pretty as hell, men on
the jury are going to want to be on her side.'
Farrell was shaking his head.
'Men on the jury will be jealous of you and women will be intimidated
by her.'
'Not true.'
'You want to risk your life on
that?'
Dooher seemed to consider that
notion. 'I'm a risk-taker, Wes. My gut tells me I'm right in this case.
I've lived my life believing what my gut tells me. So yeah, I guess I'd
risk my life on this. That's who I am, and I've done pretty well with
it, don't you think?'
Wes caught the unspoken message:
Better than you have, old buddy old pal.
But this was a terrible idea. Wes
couldn't make himself just roll over and accept it, though he could see
where this discussion was going to lead. 'What if I can't work with
her? What if we don't get along?'
'Why wouldn't you get along? Two
professionals, one cause you both believe in? What's not to get along?'
Then a sop to Farrell's ego. 'You'll be the man, Wes. She takes orders
from you. And she'll jump at the opportunity, then through hoops if you
ask her to.'
They were walking again. It was a
blustery mid-afternoon and cars packed all of Bryant's four lanes;
traffic lined up for the five o'clock commute across the Bay Bridge had
halted. Horns and swearing.
'Why do you want her, Mark?
Really?'
'I just told you.'
Farrell shook his head. 'No, I
mean personally. I'm asking this as your friend, not your attorney,
okay ? You' ve got to see how badly this could play. Don't
you?'
'Yeah,' he finally admitted.
'We've said there's a risk. I think it's worth taking.'
'But why?'
Dooher walked on for a few more
steps, then put an arm around Farrell's shoulder. 'I guess the same
reason I want you. I just don't feel comfortable with a hired gun.' He
pulled Farrell closer to him. 'She's got faith, Wes. She believes in
me.'
On the prosecution side of the
courtroom, Amanda Jenkins had abandoned her trademark mini-skirt for a
conservative dark blue suit. She'd let the frost grow out of her hair
and now wore it shoulder-length, curled under. Next to her, helping her
arrange her papers at this moment, was Lieutenant Abe Glitsky.
Glitsky had tried to put the
madness of all of this out of his life over the past months - he'd had
enough on his mind with his children and his new job. Batiste's
prediction had come true and Glitsky had been promoted within his unit,
and now he was running Homicide. The paper could say whatever it wanted
about the politics of his promotion, but he knew he'd been Batiste's
first choice as his successor, and he'd scored second-highest among
applicants for Lieutenant. He'd earned it.
The way he saw it, Mark Dooher
was unfinished business from his days as a Sergeant. He had
investigated the case, assembled the evidence, and delivered it to the
District Attorney. It was his case until Dooher got sentenced.
So as the DA had requested, as
the investigating officer, Glitsky sat inside the rail, at the
prosecution table next to Amanda Jenkins, wearing the dark suit he'd
bought for Flo's funeral and hadn't worn since.
Almost seven months ago.
He was going to be there every
day for the duration of the Dooher trial. California Evidence Code
Section 777(c) provided that the DA could appoint an 'officer or
employee' to be present at the trial, and prosecutors liked the
investigating officer to be there for any number of reasons - to
prepare other witnesses for what they might expect, to bounce theories
and strategies off another professional, to have someone to talk to
during recesses, to watch the Judge and the jury. If a juror fell
asleep during testimony, for example, he'd tell Jenkins that perhaps
she should go over it a second time.
But mostly he was there as a
second set of ears, to hear what a witness actually said, as opposed to
what everyone - except the jury - expected and therefore heard. There
was a huge difference, and that's what Abe was listening for.
'All rise. Department 26 of the
Superior Court of the City and County of San Francisco, is now in
session, Judge Oscar Thomasino presiding.'
Farrell stood, pulled at his tie
and cleared his throat - his nerves were frayed nearly to breaking. He
had been in courtrooms hundreds of times, but nothing came close to the
electricity surrounding this case. And now, finally, after all the
preparation, it was beginning.
Thomasino, in his black robe,
ascended to the Bench. Sitting, he adjusted his robe, arranged some
papers, took a sip of water, whispered something to his court reporter,
who smiled. Knowing that it was undoubtedly a ritual pleasantry,
Farrell still wondered what the Judge had said - if it was about any of
them. Thomasino raised his bushy eyebrows to include the courtroom.
Everyone was getting seated again, shuffling around, and the 'Good
morning' Thomasino perfunctorily uttered went largely unheeded.
It didn't seem to bother the
Judge. He turned to the court clerk, tapped his gavel once as though
checking to see that it still worked, and nodded to the clerk. 'Call
the case.'
The clerk stood. 'Superior Court
number 159317, The People of the State of California versus Mark
Francis Dooher. Counsel state their appearances for the record.'
Farrell looked at his client to
his left, then further down the table to Christina, his second chair. A
thumbs up, a practiced smile for her confidence, for his client's. He
felt little of that confidence himself, concerned his weakness in
accepting Christina as second chair would fatally harm the defense.
Christina looked good - hell, she
always looked good - and she certainly was game to fight this battle
for as long as it took. Farrell even had to admit she was a substantial and
resourceful person with a damn good legal mind.
But so what? In spite of that, in
spite of her gung-ho attitude and good humor, he wished she could
simply disappear.
Because she was in love with
their client, goddamn it.
Wes believed that there was
nothing yet between them, but he never doubted that there would be, and
privately that shook him.
This was the unspoken motive.
Farrell had no indication that Amanda Jenkins was planning to bring it
up during the trial - but it was the only argument for Dooher's guilt
that Farrell couldn't refute.
This one question lay buried
under the rational arguments in the very pit of his being. There had
been nights when it rose ghoulish and woke him in a sweat.
But the time for reflection had
passed.
Thomasino, all business,
ostentatiously opened his folder, read for a nanosecond, and was now
skewering both attorneys' tables. 'Ms Jenkins,' he began, 'Mr Farrell.
Before we call the first jury panel, we've got a four-oh-two to rule
on.'
Jenkins stood up at her table.
'Yes, your honor.'
The Judge was reading again.
'You've got two motions here and both of them have to do with character
evidence, which you know can only be used in rebuttal by the
prosecution.'
Thomasino was clarifying this
technical point, but that was what 402 motions were about. As a matter
of law, evidence of bad character could not serve as proof that a
defendant had committed any particular crime. One couldn't say, for
example, that because Joe Smith beat his dog, it followed he'd killed
his wife.
The law further recognized the
perhaps natural, human inclination for the prosecution to want to
tarnish a defendant's reputation by bringing up every bad thing that
person had ever done, so that it would seem more likely that that
person had done the particular thing they were accused of. So it
created a check to keep this from happening.
Unless the defense brought up
evidence of a defendant's good character first, the Evidence
Code forbade the prosecution from introducing evidence of bad character.
Farrell had filed his motion
because Amanda Jenkins's witness list had included some of Dooher's
past co-workers, not all of whom had the fondest memories of him. But
most of all, the accusations of both Chas Brown and Diane Price had
become joined at the hip to the actual murder charges against Dooher.
Jenkins clearly thought that
these were critical to an understanding of who Mark Dooher was. The
thrust of her prosecution strategy, obviously, was that Dooher was not
the man he appeared to be, and without character evidence, that was
going to be a tough nut. She may have thought she had enough physical
evidence and a proveable theory that stood a chance of convicting him, but she wanted
more if she could get it.
On the other hand, if Farrell
stuck only to refuting the physical evidence that Jenkins presented,
the issue of Dooher's character would never come up. The defense had to
be first to bring up character or it would remain inadmissible. So it
was tempting to simply forget it. Farrell wasn't sure he was going to
need it, anyway.
On the other hand, Farrell knew
that sometimes you could refute all the evidence and still the jury
would not see it your way. Innocent until proven guilty was a wonderful
concept, the prosecution had the burden of proof, all right, but the
day-to-day reality of human beings was to assume that people didn't get
arrested and brought to trial unless they were probably guilty.
So Farrell - like Jenkins in this regard - knew it never hurt to have more.
And he had the best possible
character witness he could have dreamed of - James Flaherty, the
Archbishop of San Francisco. Whether or not any of the jury members
turned out to be Catholic, Farrell believed that the moral authority
Flaherty would bring to the witness stand would be unassailable.
He was torn.
To be safe, he'd put the
Archbishop on his witness list. His 402 motion asked for a ruling -
once he'd called the Archbishop and thus put character at issue, would
Jenkins be allowed to call Price and Brown? Farrell obviously did not
want the jury to hear from either of them.
Jenkins was responding to this.
'Your honor,' she was saying, 'Archbishop Flaherty will not be
testifying that he was with the defendant on the night of the murder.
He doesn't corroborate Mr Dooher's alibi for the time of the murder.
Therefore, his only possible connection to this case is to serve as a
character witness. And once he does that...'
Thomasino's eyebrows lifted
slightly and he spoke right up. 'I know the law, counsellor. But I
still question the relevance of the proposed testimony of either
of your two
witnesses.'
'Your honor, if the court
please.' Farrell was on his feet. 'Mark Dooher has lived most of the
last year under the shadow of these ridiculous accusations,
unsubstantiated slander without any shred of evidence to support them.
Even if the prosecution had dug up some witnesses to bolster these
baseless charges, they will be talking about alleged crimes from thirty
years ago. This is very remote in time.'
These remarks brought the first
unanimity from the disparate factions in the gallery, and it was
negative. Everyone except the reporters was here with some kind of
agenda, and Farrell was trying to nip in the bud any discussion of the
social issues represented by the testimonies of Diane Price and Chas
Brown.
'Remote in time, my ass!' One of
the gallery women yelled. 'He still raped her.' She was ejected from
the courtroom for her pains.
When Thomasino had restored
order, Farrell stood again and found himself making a speech. 'Your
honor, any examination of these charges will involve a substantial
waste of court time, litigating ancient history. This whole trial
- and we see proof of this
already in this courtroom - will end up being about an alleged rape and
alleged homicide that happened years ago and thousand of miles from
here. It's going to confuse and prejudice the jury and it's just plain
not fair to introduce this flimsy stuff. How are we supposed to defend
against allegations from a couple of substance abusers who say nothing
for thirty years, then come out of the woodwork at the first sign of a
TV camera?'
At the explosion following this
question, which Farrell expected, Thomasino slammed his gavel five
times, glared, did it again. He ordered three more people out. After
the bailiffs had gotten them removed, a deathly silence ensued. 'I want
everyone to understand this.' Thomasino's voice was barely audible,
forcing everyone to listen. He pointed a finger at the back of the
courtroom, waving it back and forth to include everybody. 'You people
watching these proceedings are not a part of it, and any attempt to
make yourselves part of it will force my hand. Any more
outbursts, I will clear this courtroom.' He pointed his gavel at
Farrell. 'You may proceed, Mr Farrell. Carefully.'
Farrell got the message. The
Judge understood that he had purposely provoked the gallery. This
wasn't going to be tolerated. He deemed it prudent to wrap it up. 'Ms
Jenkins hasn't got any real evidence in this case, so she's thrown in
these baseless charges in the hope of convicting my client through
attrition. She would have us believe these witnesses will testify about
Mr Dooher's character, but that's precisely not what they're going to
be doing. They're going to be accusing him of other crimes for which
the prosecution has no evidence. They have no place in this courtroom.'
Jenkins had heard enough. 'We do
have evidence ...'
'Then formally charge him,'
Farrell shot back.
The gallery didn't exactly rumble
behind them, but Thomasino held up his gavel and whatever noise was
starting came to an abrupt end. 'I would ask counsel to address their
remarks to the court, not to one another.' He was silent a moment, then
continued. 'The defendant is on trial here for killing his wife. That
is all he has been charged with, and that is what this trial is going
to be about.'
Farrell nodded with satisfaction.
If this were the Judge's decision - that the jury wasn't going to hear
from either Chas Brown or Diane Price - it was a good sign for them.
'Therefore,' Thomasino was going
on, 'it is the court's ruling under Section 352 of the Evidence Code
that the proposed testimony of Chas Brown regarding the alleged murder
of an unnamed person committed by the defendant is Vietnam some
twenty-eight years ago is inadmissible. It is much more prejudicial
than probative. Not only is the alleged event remote in time, any
discussion of it would be unduly consumptive of court time. Especially,
Ms Jenkins, in light of the fact that Mr Brown did not see this alleged
murder, and therefore cannot testify that this murder happened at all.'
There was a muffled chorus of
'right-ons' and 'Yeahs' from the gallery, but Thomasino's glare
put a quick
stop to it. 'However,' the Judge continued, 'although equally remote in
time, the character testimony of Diane Price regarding her alleged rape
is that of a first-hand witness...'
'Your honor!' Farrell could see
the way this might go, and he had to object. 'This alleged rape never
took place, and even if it did, it has nothing to do with the crime Mr
Dooher is charged with. You can't allow—'
'Mr Farrell! The issue is only
going to arise if you bring up character in the first place. If you do,
then as you know, the prosecution can bring rebuttal witnesses. If you,
in turn, wish to attack the credibility of those witnesses, you may.'
'Yes, your honor, but—'
Thomasino cut him off by
addressing Jenkins. 'Ms Jenkins, it is the court's ruling that you may
call Diane Price as a character witness once that issue has been
tendered by the defense.'
'Thank you, your honor.'
'But I must tell you that I will
instruct the jury as to how to consider this proposed testimony. This
is not going to turn into a rape trial.'
There was another buzz in the
gallery, and this time the Judge did bring his gavel down. He looked at
his watch. 'Mr Farrell, Ms Jenkins, any other last-minute motions you'd
like the court to consider before we begin jury selection? No? All
right, then, we'll take a twenty-minute recess while the first panel
gets settled in.'
The tedium of jury selection
consumed the rest of the morning, and judging from Thomasino's
thoroughness as he directed the voir dire, it was going to
continue to be a slow process. Sixteen prospective jurors out of the
first panel of sixty had already been dismissed because of their
familiarity with the case. This was an enormous percentage, indicative
of the intense media coverage to date, and the trial was only
beginning. It was going to get much worse.
The defense team had rented a
small room next to a bail bondsman's office across the street from the
Hall of Justice, and Wes split off from them on the way over to get
sandwiches, which inadvertently left Christina and Mark alone. They
entered the room together and closed the solid wooden door.
Christina put her briefcase on
the desk and turned around. Mark had been a couple of steps behind her,
and the room was cramped in any event. They stood, a foot apart.
Christina had been - figuratively
- backing away for months. Suddenly now, the physical being that had
been Sheila Dooher no longer stood as a barrier between them. The
opening volleys in the trial signalled a new phase.
Mark had to recognize it now,
too. He had to know that Christina would be there for him. She met his
eyes. 'I don't know about you,' she said, 'but I could use a hug.'
Farrell could feel it as soon
as
he came into the room with the sandwiches. Something had transpired in
here. There was a palpable sense that he'd interrupted. 'Hey, cowboys,'
he said.
Christina was leaning against the
window sill, combing her hair with her fingers. Mark was sitting on the
desk, swinging his feet like a schoolboy. Wes decided he'd unpack the
bags and keep on talking, give whatever it was a chance to dissipate.
'So I was thinking we just wouldn't call Flaherty. That'll avoid the
whole can of worms.'
Dooher jumped right on it. 'We've
got to call him,' he said. 'We get one good Catholic on the jury - and
I think we can guarantee that - and the Archbishop tells that person I
couldn't have done anything they said I did - which we know is the
truth
- and at the very least, the jury's hung. And besides, we want Diane
Price to testify against me.' Christina moved from the window. 'No,
Mark, we—' But, emboldened, Dooher stood, grabbed his soft drink and
popped the top on it. 'I know originally we said no, but did you hear
Thomasino in there? Even the Judge thinks it's bullshit. It will make
Jenkins look like she's grasping at straws. It's a question of
credibility. So then you, Christina, cross-examine her.'
'I do? Why not
Wes?'
But Wes knew the answer to that.
'Because you're a woman. It'll be much more effective if you start
talking about the drugs Mrs Price has taken and how many men she slept
with in college and whether or not she ever reported this alleged rape
and why it kind of slipped her mind for the intervening decades. In
short, you eat her for lunch.' Shaking her head, Christina was staring
at the floor.
'What?' Wes asked.
'I don't want to do that. I don't
want to eat anybody for lunch. I feel sorry for her. Don't you guys
understand that?'
'I do,' Mark said.
'Excuse me, but fuck that! I'm
glad you two are so sensitive. It gives me a warm feeling deep down
inside.' Farrell spun himself, a little circle in the tiny room.
'Here's lesson one - a trial is a war. You don't take prisoners. You
destroy everything in your path because if you don't, make no mistake,
it will destroy you. Sympathy does not belong here.' Farrell reined
himself in slightly. 'Listen, Christina, this Diane Price is trying to
send your client to jail for most of the rest of his life, and that
makes her my enemy. And she's lying! That makes her your
enemy.'
'I'm not used to
thinking that way.'
Dooher to the rescue. 'Wes, you
could do it. It doesn't have to be Christina.'
Farrell got to escape
velocity in record time. 'Of course I could do it! Mister
Goddamn Rogers could do it! We could phone it in and get it done. But
Christina here, being a woman, could do it best, and that's
what we've got to go with. Our best shot every time out. That's how you
win. It's the only way you win.' Farrell glared at them both.
'All right, Wes, all right.
You're cute when you're mad. Anybody ever tell you that?'
'No,' he said. 'Nobody ever has.
Christina, how about you?' Farrell was gratified to see that she'd gone
a little pale. Maybe she was finally beginning to understand what she'd
gotten herself into. But she put up a brave front.
'No,' she said, 'I
think you're cuter when you're not mad.'
When Thomasino called the lunch
recess, Glitsky made his way out through the tide of humanity in the
gallery and then 'No comment-ed' his way past the reporters in the
hallway. He took the stairs, rather than the crowded elevator, up to
Homicide, to his 120 square feet partially enclosed by dry wall. He
intended to eat his bagel and apple in peace and maybe get in some
administrative work before court reconvened at 1:30.
But there was Paul Thieu, up out
of his own desk before Glitsky was a step into the room. And another
person - long hair, eyes burning, pumped-up, unhappy and unkempt. At a
glance Glitsky recognized the symptoms; this guy was cranked up, high
on methamphetamines.
'You remember Chas Brown?' Thieu
asked.
Glitsky was about to nod, shake
his hand, be polite, but Brown didn't give him the chance. 'What's this
I don't get to be a witness? All the time I spend with you guys and
what do I get out of it for me, huh?'
Thieu popped in. 'Chas heard
about Thomasino's ruling from his friends in the courtroom. He'd been
kind of hoping he'd get a couple more days at the Marriot.' The city
put its witnesses in various hotels, and Chas had evidently been
looking forward to a bit of a longer vacation.
Abe was low affect. 'It wasn't
our decision, Chas. We wanted you there, but the Judge ruled against
us. We lose.'
'Why? The guy kills one guy, then
another guy, then his wife. You're telling me they're not related?'
'No, I think they're related.'
'Then why, man?'
'No proof. No proof there was
even a murder.'
'Me saying it? That's not proof?'
Glitsky kept it cool. 'You didn't
see it, Chas. You weren't a witness. All the Saigon records, if any,
were destroyed.' He shrugged, repeated it. 'We lose.'
'We've been over this,' Thieu
said. 'What do you want us to do, Chas? You want another night at the
Marriot?' He threw a hopeful glance at Glitsky.
'No, I want... I mean, I told
everybody I was going to be in this trial.'
And now, Glitsky thought, even
that tiny drop of limelight had evaporated. He imagined it was probably
disappointing, but mostly he just wanted Chas to go away. He wasn't
needed anymore, and cranked-up 800s in the Hall of Justice were
something he could do without.
'And Dooher's going to get off,
isn't he?'
'We hope not, Chas. That's why
we're having a trial.'
'But they can't hear about the
guy he killed over there?'
'No, I'm afraid not.'
'That son of a bitch,' he
repeated. 'He never pays for anything, does he?'
In that moment, something shifted
for Glitsky. He'd met Brown before, and always he'd been less than
completely sober, but never particularly hostile to Dooher. Now,
granted, he was cranked up and that could do it, but suddenly there
seemed to be a different edge. 'I thought you didn't really have any
personal gripe with Dooher,' Glitsky said.
Defiant. 'I don't. Who said I
did?'
'You're acting like it, Chas.
Nobody said it.'
'I'm not acting like anything. I
haven't seen the dude in like ten years.'
This straightened Thieu up. He
had interviewed Brown at least five times and had never heard this. 'I
thought it had been more like twenty-five, Chas.'
Brown's eyes shined, flashed from
Glitsky to Thieu. He backed up a step, put his hands into his jeans
pockets. 'Ten, twenty-five, what's the difference?'
'Fifteen years,' Glitsky said.
Brown shrugged. 'So?'
'So which one is it, Chas?' Thieu
picked it up. 'Did you see Dooher ten years ago?'
'Maybe. Maybe eleven, I don't
know.'
Glitsky. 'What about?'
'I don't know. This same thing.'
The two Inspectors looked at each
other. Glitsky nodded and Thieu talked. 'You talked to Mark Dooher
about this Saigon murder ten years ago? What about it?'
Brown scratched at his beard,
rolled his eyes around, let out a long breath. 'I was having, you know
... like I couldn't find much work. I was looking through the paper and
saw Dooher at this charity thing, and it said he did a lot of that, so
I figured, hey, he's doin' pretty good, maybe he could help out an old
buddy.'
'You tried to blackmail him,'
Glitsky said.
'First I just asked him if he
could spare a little, you know? It wasn't like strong-arm.'
'And what'd he do? Did he pay
you?'
Chas was shaking his head. 'He
threw me out, the son of a bitch. Said nobody'd believe a low-life like
me anyway. He just laughed at me. Didn't give a shit my life was in the
toilet.'
'Why didn't you ever mention this
before, Chas?' Thieu asked.
'I thought it would make me look
bad. I don't know.'
'And you wanted to testify to get
back at him?' It made perfect sense to Glitsky. It was all about macho
posturing - power and payback.
'Yeah. Show the bastard.' He
looked at the faces of the two Inspectors. 'Hey, it don't mean he
didn't kill the guy.'
I
don't know about you, but I
could use a hug.
Dooher kept reliving the moment,
savoring the sweetness of it, the smell of her, the press of her
breasts up against him, her arms around him inside the coat of his suit.
They'd stood there, holding fast
to one another for a long time - perhaps thirty seconds, forty. He'd
started to become aroused, and she felt it, making a small noise deep
in her throat, leaning into him. Then pulling back, looking up,
inviting the kiss that came - tentative and gentle at first, then
open-mouthed, consuming.
Then Wes was outside, saying
something to someone in the hall. She crossed over to the window and he
sat on the desk.
That night - the defense team was
all-but living together- they'd all had dinner at a French restaurant
on Clement Street. As was their routine, Farrell drove Dooher home.
Both of them were beat after the long day in the courtroom. There would
be plenty of time to second-guess jury selection.
Christina hadn't called him, and
he hadn't called her.
Then, all day today, the sexual
tension, and Farrell seemed to take extra care that Mark and Christina
were never alone.
At home after another late dinner
and another day of jury selection, Dooher changed into a pair of khakis
and a black cotton sweater. Then, barefoot, he wandered downstairs into
his library and stood at the window.
Christina was coming up the walk,
through the gate into the patio. Except for the kitchen lights, the
house was dark. Snooping media types might believe that the house was
empty. He opened the door. 'Can you see?'
'Fine.'
They got to the kitchen. She wore
the hood up on a heavy ski parka. Flipping the parka back, she blew a
strand of hair away from her mouth. 'Okay, I'm nervous.'
He stepped forward and gathered
her in. When he released her, there was no kiss. He gave her a wistful
half-smile, then retreated to the counters. 'Can I get you a cup of
coffee? Some wine? You want to take off your coat?'
She said wine would be good and
shrugged out of the parka, draping it over one of the stools. Mark
busied himself in the refrigerator, getting out the bottle, opening it,
taking down the glasses. Coming over to her, he slid a glass before her
and pulled up another stool. He held up his glass and she touched it, a ringing chime.
'Just so you understand, Christina,' he began, 'I didn't plan on this.
On yesterday.'
'I didn't either. It's not the
kind of thing you plan.'
Mark sipped his wine. 'And now I
don't know what to do with it. I don't know how you feel. I don't know
anything.'
'Do you know how you feel?'
'Not really. Confused, I suppose.
Guilty as hell, though in this context that's a poor choice of words. I
mean ...'
She reached over and covered his
hand. 'I know what you mean. You think it's still too soon.'
'I don't know what "too soon" is.
But I know what this is, what yesterday was.'
'Me, too.'
He smiled at her. 'I'm not
talking about the feeling.'
She squeezed his hand. 'I am.'
He moved his hand away. 'No. It's
more than that, and I don't think I can trust it. I don't trust it.'
'What?'
'You and I being thrown together
like this, the stress of this situation. You helping to defend me, me
dependent on you. It's a false environment.'
'Driving us together through no
fault of our own?'
He put his glass down and broke a
lopsided grin. 'You're making fun of me.'
She leaned toward him. 'A bit.'
'Okay, but I'm being serious. I
think we deserve a better chance than that. Especially, that you do.'
He sighed. 'I never thought I would love anybody again, and now here it
is and the timing's all wrong. Everything's all wrong.'
'Not everything,' she said.
'Almost.'
She was shaking her head. 'You
feel like you love me. And I love you. That's not almost everything
wrong - that's almost everything right.'
He twirled his wine glass, tiny
circles on the counter. 'And if they find me guilty of murder, I don't
get out of prison until you're older than I am now.'
'They won't find you guilty. You
didn't do it.'
'I would have said they'd never
have gotten me to trial because I didn't do it. But guess what?'
She sipped her wine. 'So what are
you saying?'
He looked down, sighed again,
raised his eyes. 'I'm trying to tell you I love you,' he said, 'and
I've got two temptations. The first is to take you upstairs and not
think about what any of it means or where it might go.'
'I choose door one,' she said.
He reached over and touched her
face. 'And the second is to pretend it isn't here, none of this, to
pretend that yesterday was a moment of weakness. But I don't think it
was. I think it was real, so real I'm terrified we're going to threaten
it.'
'And how would we do that,
threaten it?'
He closed his eyes briefly and
took a last deep breath. 'By doing anything about it.' He went on:
'Right now we're in a pressure cooker. I think we ought to wait until
we're out of it, until we can see where we are.'
'I know where I'll be. I'll be
right here.'
'If you are, so will I. So maybe
we should acknowledge this - what we have, this connection - and then
put it on a shelf until the time is right.'
'And when will that be, Mark?'
'When this is over. When they
find me not guilty. It shouldn't be long now, a couple of weeks, a
month. After the drama and the prying eyes, then we'll see where we
are. But this ... I don't trust it. It would be too easy for both of us
to get caught up in the romance of it.'
'I don't think so.'
'It's not a matter of thinking,
Christina. The reality is persuasive enough. Here I am, the classic
tragic figure - innocent man unfairly accused - and you are my savior.'
He softened things, covering her hand with his. 'I'm not saying the
feeling isn't there. I'm saying maybe it's not us - the real
people we are - feeling them. It's the roles we're in, and they're
temporary. And I can't have us be temporary. I couldn't live with that.'
Her eyes held steadily on him,
and suddenly a spark of humor flared. 'The last noble man in America,
and I had to go and find him.' She came forward and pressed her lips to
his cheek, holding them there. 'You don't trust the rush, do
you?'
'The rush isn't going away,
Christina. If the real stuff is here, the rush will find its way back.'
She kissed him again. 'Okay.'
Searching his face. 'In the meantime, I'll be a professional, I won't
feed the gossip mills, I won't give them any ammunition. But when this
is over, this is fair warning. I'm going to be here. For you.'
The Chronicle photographer
with the night-vision camera caught them kissing at the front door -
nothing passionate, although they did stand together, embracing, for
nearly two minutes, saying good night. It was plenty.
The gallery wasn't a presence for
Glitsky anymore.
Mark Dooher's fate was going to
be determined inside the Bar rail. Glitsky glanced across the courtroom
at the defense table and felt his blood quicken with hate. It was a
reaction he rarely felt. He had dealt with many despicable people, many
of whom had committed heinous crimes, but his own feelings for them had
almost never gotten personal.
Dooher was different. Not only
had he attacked Glitsky on a variety of grounds, threatening his career
and reputation - the reverberations were still echoing - but killing
his wife ... that struck at the heart of things.
The defendant sat, his expression
serene, while on either side of him, his acolytes tried not to appear
nervous and angry, though to Glitsky's practiced eye, they were
failing. This, he knew, was probably in reaction to the Chronicle's
story and accompanying picture - Dooher and Christina kissing on
his darkened front porch.
Christina's mouth was set, her
eyes cast downward. She was pretending to read from a folder in front
of her, but she looked up too often to be reading.
Wes Farrell seemed somewhat
cooler. He was a pro and knew you didn't show your feelings to the
jurors, but Glitsky had overheard him answering one of Dooher's
questions at the defense table. The two men didn't seem to be best
friends anymore.
In spite of Thomasino's detailed
approach to questioning prospective jurors, once he had winnowed out
the people who'd known about the case and the other obvious exclusions
- victims of other crimes, family members of law-enforcement people -
jury selection had gone rapidly. Now it was Thursday of the first week,
the lunch recess was behind them, and the show was getting under way.
Amanda had told Glitsky that she
didn't subscribe to the belief that there was a fine art to picking
members of the jury. In spite of all the fancy theories people had, it
was more or less a crap shoot. Evidently Wes Farrell felt the same way.
Amanda basically preferred married women to single men for this type of
case, and Asians if she could get them, but those seemed to be her only
criteria. Farrell liked men who had jobs. But both attorneys seemed
inclined, mostly, to keep things moving.
And now the new and improved
Amanda Jenkins was facing the panel of twelve. Glitsky tried to take
some clues from the jurors' faces, but he didn't know what he might be looking
for. None of them particularly avoided his gaze, although none held it
either. They were focused on Amanda, not him.
There were seven women and five
men. Five of the jurors - two of the men and three of the women - were
what Glitsky would call well dressed. Another five had thrown on
something at least marginally respectful. Of the remaining two, a
younger white man with a half-grown beard and long hair wore a faded
Army fatigue shirt, untucked and unbuttoned over a T-shirt. Amanda had
let him stay because she guessed he'd be prejudiced against lawyers
such as Dooher. It was a surprise when Farrell left him unchallenged.
Another middle-aged, very
heavy-set Hispanic man wore jeans and a blue denim shirt that he
evidently had gone to work in many times. Farrell had apparently wanted
him because he was Catholic, and Amanda told Abe she hadn't objected
because she thought he was pretending to be dumber than he was.
There were four Asians (three
women and a man), two Hispanics (one and one), three African-Americans
(two and one), and three whites (one and two). Glitsky had no idea what
the demographics meant, and Amanda, in her no-nonsense style, had set
him straight over lunch. 'Nobody has a clue.'
Now she was about to address
them, and Glitsky thought that, her softer image notwithstanding, her
body language put her at a slight disadvantage. She was holding a
yellow legal pad for a prop, standing slightly hip-shot before the jury
box.
Amanda made no bones about the
fact that she did not like juries, about having to explain every fact
or nuance so a moron could understand it, about the cut-throat legal
world in which she found herself. Glitsky thought she wore all these
feelings on her tailored sleeves, her forced smile betraying all of it.
At least it did to Abe. He hoped he was wrong.
Nevertheless, no one was in this
room to make friends. He supposed a serious demeanor wasn't the worst
handicap a lawyer could have, although all the successful trial
attorneys he knew allowed a great deal more personality to peek through
when they got in front of a jury.
'Ladies and gentlemen of the
jury. Good afternoon.'
She checked her notes - maybe the
pad wasn't a prop after all - took a deep breath, and began.
'As Judge Thomasino told you, the
prosecution's opening statement is to acquaint you with the evidence in
the case, the evidence that the People of the State of California will
use to demonstrate the facts that we will then assemble to
prove, and prove beyond a reasonable doubt, the truth: That on
June 7th of this year, Mark Dooher' - she turned and pointed for effect
-'the defendant here, willfully and with malice aforethought, murdered
his wife, Sheila.
'I'm going to be presenting
evidence about what happened on that day, a Tuesday. The weather was
exceptionally pleasant, sunny with temperatures in the low seventies,
and at about four-thirty, the defendant' - throughout the trial,
Jenkins would try to depersonalize Dooher by avoiding his name whenever possible - 'called his
wife, Sheila Dooher, and suggested that he take off work early and they
have a romantic evening together. Sounds nice, doesn't it?'
Glitsky wasn't surprised to hear
Farrell's first objection - nearly guttural with some suppressed
emotion, but clear enough. His focus, missing this morning, was coming
back. Glitsky knew that though the alleged idyll between Dooher and his
wife might have sounded nice, it wasn't up to Jenkins to portray it as
such.
Thomasino's eyebrows lifted up
and down. 'Sustained.'
It didn't slow Jenkins. She took
her eyes off the jury to consult her pad, then went right back to it.
'In his own statement to the police, the defendant admitted what
happened next. He left his office downtown and, on his way home, made a
stop at Dellaroma's Liquor and Delicatessen on Ocean Avenue for a
bottle of Dom Perignon champagne and an assortment of meats and
vegetables. He went home and he and his wife shared the champagne and
the hors d'oeuvres. Then, because she was tired, Mrs Dooher went
upstairs for a nap. The defendant went to the driving range.'
Listening to it, Glitsky was
confronted again - it happened to varying degrees every time he came to
court in other cases - with the chasm of difference between his
essentially free-wheeling job of gathering evidence and the court's job
of objectively analyzing it. But Jenkins evidently realized how benign
it all sounded because she stopped a minute, walked to the prosecution
table to break her own rhythm, and took a sip of water.
She turned back to the jury.
'That's what the defendant told the police. What the defendant did not
tell police was that even then, he was planning to kill his wife.'
'The plan was a simple one.'
'The defendant had long ago
obtained - for his own use - a prescription of chloral-hydrate, a
strong sedative he said he needed because he had trouble sleeping.
Chloral-hydrate is often commonly referred to as "knockout drugs", and
that's how the defendant intended to use it. He would puncture some of
the gel tabs and slip some of the drug into his wife's champagne. He
would help put her to bed. He would go to a nearby driving range to
establish an alibi. Then he would return, stab his wife to death in her
sleep and make it look like a burglary. He almost got away with it.'
'What the defendant did not know
was that his wife was already taking two other powerful drugs -
Benadryl for her allergies, and Nardil for depression. When the
defendant gave his wife the chloral-hydrate, the dose, combined with
the alcohol and these other drugs in her system, was enough to kill
her.'
There was an audible stir in the
courtroom. This was evidently a surprise to people who'd only read the
articles as far as the grisly stabbing. Thomasino gently tapped his
gavel and quiet returned.
Jenkins continued. 'If Mrs Dooher
had been allowed to remain unmolested as she lay dead in her bed, Mark
Dooher would probably not be in this courtroom today, charged with her
murder. But Mr Dooher is a lawyer. He is a clever man and—'
Farrell was up out of his seat.
'Your honor . . .'
Thomasino sustained him again.
And this time Jenkins turned to the Judge and apologized to him, then
to the jury. She didn't mean to characterize the defendant.
Jenkins was playing well for the
jury - friendly, courteous, professional. 'Intending to stab his wife
to death, the defendant instead poisoned her to death. Legally, it
makes no difference - either killing is murder in the first degree.'
'Factually, it makes all the
difference in the world. The defendant's miscalculation got him caught.
That's because much of the evidence deliberately planted by the
defendant to suggest a burglary, much of the evidence designed to
explain Sheila Dooher's violent death at the hands of a knife-wielding
attacker, takes on a very different light once we know Sheila Dooher
was poisoned to death. It shows the calculated and methodical attempt
of a cold-blooded murderer to conceal guilt..
'We're going to show you a knife
- a classic "murder weapon", complete with Mark Dooher's fingerprints.
You're going to hear from witnesses who help to piece together the real
story of what happened on that evening of June 7th. And that is this:
that the defendant, having made sure his wife would be sleeping soundly
- drugged with chloral-hydrate - left his house by the side door,
without activating the alarm system, and reached above the door,
unscrewing the porch light so the driveway would be dark upon his
return.
'Then he drove to the San
Francisco Golf Club, not to the Olympic Club which is closer
to his house and where he is a member, and bought two large buckets of
golf balls. After hitting a few balls, he walked through a break in the
fence, went to his car, and drove home.
'We know he drove home because
one of the neighbors, Emil Balian, recognized his car with its
personalized plates parked on the street down from his house at between
eight and nine p.m.'
Yes, Glitsky knew Balian had said
that, but he thought that if ever a witness were born to be broken, it
was the neighborhood busybody, who'd already changed details in his
identification story three times. Glitsky thought that Farrell would
destroy him on cross-examination. But, as Drysdale had said, Balian was
very nearly the key to the case. Sometimes you had to take what you
could get.
'By now it was dark out, and the
defendant entered his darkened house. Upstairs, in his bedroom, he
plunged a knife into his wife's heart as, he thought, she lay sleeping.
He tore her bedclothes and threw blankets around, simulating a
struggle. He poured a vial of blood that he had stolen from his
doctor's lab around the body. He tore the wedding and engagement rings
from Sheila Dooher's hand, and then rifled the bureau in the room,
taking other jewelry, including his own Rolex watch. Then he went back
to the driving range,
climbed back
through the fence—'
'It's all a goddamn lie!'
Glitsky was startled nearly out
of his seat. Dooher was suddenly on his feet, pointing at Jenkins, who
stood open-mouthed, stunned at the outburst. And it wasn't over. 'And
you're a goddamn liar!'
Thomasino, who'd been listening
intently to Jenkins, reacted as if he'd been jolted by electricity. He
reached for his gavel, missed it, and it fell behind the desk, so he
had to stand himself. 'Mr Dooher, you sit down! Mr Farrell, you control
your client, you hear me? Sit down, I said!'
Glitsky was up and the two
bailiffs were moving across to Farrell's table, but Wes held up his
hands, motioning them back. 'Come on, Mark, easy ...' Christina, too,
was up, an arm around Dooher's back, whispering to him.
But Dooher glared at one and all.
'I cannot believe I am hearing so much bull-shit!'
Everybody in the courtroom heard
him.
Dooher turned to the jury and
suddenly his voice was in the normal conversational range. 'None of
this happened this way,' he said. 'Not any of it.'
Thomasino had found his gavel and
slammed it down again. 'Mr Farrell, I'll gag your client if you don't.'
'Yes, your honor.' A hand on
Dooher's arm, pulling him down. Whispering through clenched teeth.
'Mark, sit down. Get a grip, would you?'
Then, Farrell to Thomasino again:
'Your honor, if I could ask for a short recess?'
But Thomasino was shaking his
head. 'Not during an opening statement, Mr Farrell. You control your
client and let Ms Jenkins finish up, and if there are any more
interruptions, I'll hold you in contempt. How's that - clear?'
'What the hell was that? What are
you trying to do, kill yourself out there?'
Farrell, in their tiny room
across the street, was himself now nearly out of control. There was
spittle on his lips and he seemed almost struck with palsy - now
pacing, now hovering in front of his client. Dooher, again, had hoisted
himself up on to the desk. He was swinging his feet, relaxed. Christina
stood at the window, arms crossed over her chest.
Thomasino was going to allow
Jenkins all the time she needed to wrap up her opening statement, but
it turned out that she only made it another ten minutes before she asked
for a recess. Dooher's interruption had pole-axed her, and what had
begun as a reasonably compelling recital of events had degenerated into
a disjointed shopping list of purported evidence whose relevance and
connection seemed to elude Jenkins herself. She kept referring to her
notes, stumbling over her words, until she finally gave it up.
'Wes, relax,' Dooher said, 'it's
all right. You're going to have a heart attack.'
'You're goddamn right I'm going
to have a heart attack. I deserve a heart attack. What were you doing in
there? What was that all about? How could you lose your temper like
that?'
Dooher actually broke a grin. 'I
didn't.'
'This is funny? There's a joke
here maybe I'm missing?'
'I didn't lose my temper, Wes.'
'Well, damn, Mark, that was one
hell of an imitation.'
Christina came forward, daring to
speak for the first time since Wes had dressed down both Mark and
herself for their incredible stupidity and duplicity and every other
negativity he could think of over the kiss. She talked to Dooher. 'What
do you mean, you didn't lose your temper?'
He turned to her, palms up. The
grin faded. 'It was an act. I thought it would humanize me for the
jury.'
Farrell seemed to sag and let out
a chuckle without a trace of humor in it. His eyes went to Christina,
back to the client. 'This is what, in the trade, we call a bad idea.
What it did for the jury, Mark, was made you look like a guy with no
respect for the law, some kind of hot-head...'
'Wait wait wait! Don't you see?'
'I don't see. Christina, do you
see?'
She didn't answer.
Dooher included them both. 'All
right. I'll spell it out. Jenkins is up there painting this picture.
I'm cold. I plan things to the nth degree. And here I am, sitting at
the defense table trying to keep some kind of impassive face while
Jenkins just goes on and on, lie after outrageous lie. So I react. Who
wouldn't react? It's natural. What's unnatural is just sitting there,
cold and unfeeling, playing,right into their hands. I wanted to show
them who I was.'
'Well, you did that.'
'You're damn straight, Wes. I
looked them right in the eye and told them none of it was true. You
don't think that's going to have an effect?'
'Oh, I'm sure it is. I just don't
think it's going to be the one you wanted. Here you are, supposedly a
good, practicing lawyer, and you're not showing respect for the system
...'
'Because they got it wrong! Don't
you see that? I've been falsely accused of something I didn't do and
it's gotten all the way to this fiasco of a trial. How can I have
respect for that? How can I even pretend to?'
'But to yell at the jury!'
'No, I didn't yell at
the jury. I very carefully avoided doing that. I looked at them as
people, and that's how they are going to see me.'
Farrell glanced at Christina as
though he would ask for her help, but simply shook his head.
There was a knock on the door and
Dooher slid off the desk and opened it. The cop from the Hall said that
Judge Thomasino wanted to see Mr Farrell in his chambers, right now.
Farrell stood. 'Why don't you two
try to keep your hands off each other while I'm gone,' he said, and
quit the room.
Which left the two of them alone.
Dooher turned. 'He's mad at us.'
'There's a good call.'
'I suppose I should have told him
before I disrupted the sacred order of the court, but the moment just
came and I took it. If I'd've warned Wes, he'd have counselled me not
to do it anyway. What did you think?'
'I don't know, Mark. I haven't
done any other trials. I don't know how they play out. It shocked me
when it happened, but now, hearing you explain it, it might work.'
'It won't hurt me, I'm sure of
that. That's not what Wes is mad about anyway.'
She let herself down on to one of
the wooden chairs. 'I know,' she said, 'it's us. But we told him we
weren't going behind his back. It wasn't about the trial.'
'He didn't believe us.'
'You're the master of insight
today, aren't you? First Wes is mad at us, and then Wes doesn't believe
us.'
'Maybe we should mend a few
fences?'
'I don't think that's a bad idea.'
Mark went over to the window and
separated the blinds, looking out over Bryant Street and downtown
beyond. 'I'm just not willing to concede,' he said, 'that there's a
telescopic-sight camera set up on Nob Hill, trained on this window.'
He crossed back over to her and
took her in his arms.
Judge Thomasino's chambers were
neither large nor imposing, furnished as they were in functional
Danish. Three tall teak bookshelves closed in the walls, and various
diplomas, honors, and commendations in wooden frames seemed to have
been stuck randomly on the green drywall. A robust ficus sprawled in
the corner by a large window. One of Remington's brass cowboys graced a
broad teak coffee table, but that was the extent of the decorative
touches. The rug was faded brown Berber over the Hall's linoleum.
Jenkins and Glitsky were seated
in low leather chairs in front of the Judge's desk and they both turned
at the bailiff's knock. It was Farrell, and Glitsky stood, ceding pride
of place to the attorneys. He was here because Amanda had asked him to
be.
Farrell didn't sit, but walked to
the front of Thomasino's desk. 'I'm glad you're here, Amanda,' he
began. 'I wanted to apologize for my client. And to you, Judge. I'm
sorry.'
Thomasino barely acknowledged the
words with an ambiguous gesture, then got right to it. 'I asked you
down here, Mr Farrell, to see if you can give me any reason why I
shouldn't yank your client's bail. You should know that I already told
Ms Jenkins that if she asked, I'd do it. I'm thinking of doing it in
any event. If you want a mis-trial, your client can do sixty days
next door' - meaning in jail -
'while he waits for his new court date, to contemplate whether he wants
to interrupt the proceedings again.'
Glitsky wouldn't have thought
Farrell could sag any further than he had when he walked in, but he
did. Visibly.
Jenkins took it up. 'I'll be
honest
with you, Wes,' she said. 'You and I know this is the first murder I've
gotten to trial. My colleagues in the DA's office are starting to
wonder why I'm on the payroll if I'm never actually in trial. I don't
want to wait another sixty days.'
'Minimum,' Thomasino
intoned.
'Minimum,' she repeated. 'And I
think the argument can be made that the outburst was potentially as
prejudicial to your client as it might have been self-serving.'
A rueful nod. 'We were just
discussing that,' Farrell said.
'So it's a wash,' Jenkins
concluded.
Glitsky admired the way Jenkins
delivered it. It sounded genuine enough, although he knew the truth was
quite different. As the recess had been called, Jenkins had sent
Glitsky upstairs to get Art Drysdale and tell him she was asking to get
Dooher's bail revoked.
Drysdale had made a quick phone
call - cryptic enough, but it must have been to Chris Locke - and then
accompanied Abe back to Department 26, where Jenkins sat, still fuming,
at the prosecution table.
From Glitsky's perspective, there
was no question that Locke had some personal - political - connection
to this case. The DA didn't want to see it postponed, to let it remain
unresolved, much as he had asked for the unreasonably low bail. He was
doing the Archbishop a favor.
As Drysdale had been explaining
that the DA did not want to ask for bail to be revoked, Thomasino had
sent word that he wanted to see Jenkins in his chambers and discuss
that very thing, and Drysdale had supplied her with the reason she was
to give for not wanting it.
Farrell, for his part, was a
drowning man who'd just gone down for the third time, opened his eyes
underwater, and saw the lifebuoy. He reached for it. 'Your honor, I
will not let this kind of thing happen again.'
The glare. Thomasino growled
once, settled into his chair. 'All right, now there's one other thing.'
The two opposing attorneys looked at each other, wondering. 'I don't
know how much control you have over your client's behavior, Mr Farrell
- I'd gather not very much. But perhaps you could exert some influence
over your second chair. I don't want to sequester this jury, but if we
get too many more stories about Mr Dooher and Ms Carrera, I'm not going
to have any choice. A man's accused of killing his wife, it's the
better part of valor to keep his dick in his pants - excuse me, Amanda
- at least until a jury's had a chance to make up its mind.
'Now I've told the jury not to
watch television or read newspapers, but we all know what will happen
if the defendant keeps getting on the front page. That's not in
anyone's interest. Are we in agreement here?'
'Yes, your honor.
'Good.' Thomasino paused for a
couple of seconds. He looked at his watch. 'I'm going to adjourn for
today, giving you, Mr Farrell, a lot of time to make these points to
your client and your associate. I'd use as much of it as you need.'
Farrell could only nod. Whatever
the Judge wanted, that's what he wanted, too.
So Glitsky was off early.
It wasn't yet three o'clock on a
Thursday afternoon and no one expected him upstairs, so he signed out a
car from the city lot and drove himself home, found a parking spot
directly in front of his duplex, and let himself in.
Rita was sleeping on the couch,
which was okay. She got up with them all at 6:30, and she kept the
place spotless. She also got up with Abe when any of the boys called
out in the night, and if she needed to take a nap to catch up, Glitsky
was all for it.
In the kitchen, a pot of thick
black sauce -mole, he now knew - simmered on the stove,
steaming the windows, filling the room with its heady smell. A couple
of disjointed chickens were thawing on the counter.
He opened the kitchen window a
crack and heard Isaac down in the trees. He was lucky with his
backyard. Though he shared it with his downstairs neighbors, there was
plenty of room. And along its border, a bicycle path traced the edge of
the Presidio.
Back when there had been money
for such amenities, the city had built a small playground - a set of
swings, parallel bars, a slide - thirty yards down the path.
Glitsky let himself out the back
door and down the steps, across the yard through the lengthening
shadows, on to the bike path. He'd pushed pretty hard at the idea of
the boys playing together, sticking together - the family - and this
was
one of those miraculous days when it was working.
They were seeing who could sail
farthest out of the swing set - one of the activities Glitsky felt
better hearing about than actually witnessing. And today they'd added a
new wrinkle, a stick that two of them held while the third one sailed,
going for height and distance.
And broken legs, he thought.
Chipped teeth. Ruined knees.
But he watched from a small
distance. Life is risk, he told himself. They're enjoying the moment.
Let it happen.
And then Jacob landed sprawled in
the tanbark and, rolling over, saw his father. He let out a whoop -
'Dad!' - and came running over, stopping himself a split second before
what would have been an embarrassing hug. But he did let his father put
his arm around him.
'What are you doing home?'
'Yeah, it's still light out.'
Isaac, sauntering up, put in the barb. Glitsky knew he was working all the time,
but didn't see a way to change it. And he was home now, wasn't he?
'I thought we'd go get a
Christmas tree.'
O.J. stabbed a fist into the air
and screamed, 'Yeah!' and was already running back toward the house
while the other two tore off after him.
Even Abe broke into a trot.
At night, Rita put down the
fold-a-bed and slept behind a screen in the living room in the front of
the duplex. That fact wasn't in the front of Glitsky's mind when he
bought the largest tree he could find, and now the never-spacious
living room was all but impassable.
His own overstuffed easy chair
and ottoman had been relegated to the kitchen to make space for the
tree, which made the kitchen tight as well. Rita had lost more than
half of her precious counter space.
The scent of the new Christmas
tree permeated the house and Rita had made hot spiced apple juice. They
had Lou Rawls doing Christmas out of the speakers, the lights were
strung up, the old bulbs, and now the boys were hanging tinsel.
Glitsky sat hunched on his
ottoman in the open doorway between the kitchen and living room,
drinking his mulled cider, taking it all in as though from a great
distance. Rita was on the couch, directing the boys to any open spaces
on the tree.
He had come home early. He'd
taken the boys out for the tree, and now he was home in the midst of
his family, wishing he was anywhere else, wishing he could try harder
not to show it.
Flo wasn't here. Everything else
was here, and not his wife. So what, exactly, was the point?
When the telephone rang, Glitsky
knew it was work - it was always work - and Isaac yelled that he
shouldn't answer it, let the machine get it. But he was already up, at
the wallphone in the kitchen.
It was Amanda Jenkins. 'I'm
working on motive,' she said, 'and tomorrow it's fish or cut bait.'
No, 'Got a minute, Abe?' No,
'Hello,' even. But there was no fighting it. Like it or not, he was in
trial time, and simple politeness suffered as a matter of course.
He took a sip of his juice - the
tang of cinnamon. She was breezing right on. 'I want your take on his
second chair, Carrera. I know we've been trying to decide between
insurance and whether his wife was a drunk, an embarrassment, but I'm
just watching the tube and this picture of the two of them kissing,
it's turned up the heat.'
'I saw the picture, Amanda. We
talked about it, remember? It wasn't exactly X-rated. I wouldn't even
give it an "R". It's a good-night kiss.'
'At his house. They're alone, in
the dark,' she countered.
'So what?'
'So in spite of all the tabloid
speculation, it's really the first actual proof that these two have
something
going, and if they do, it's a lot stronger than anything else we've
got.'
'That picture doesn't prove
anything. They're not upstairs in his bedroom, half-dressed, anything
like that. This is a kiss like you give your mother. Besides, even if
you had major groping, how are you going to prove they had something
seven, eight months ago, which is when it would have had to be?'
'I don't have to prove it,' she
said. 'We can assert it, show this picture, let the jury draw the
inference.'
Glitsky moved some dirty dishes
to one side and seated himself on the crowded counter. He, of course,
had wrested with this issue himself, so he decided to give Jenkins the
argument that had stopped him. 'That assumes she was in on it, too.'
'She might have helped him plan
it, Abe. Now she's defending him for it. It's not that far-fetched.'
'Then you'll have to explain why
we didn't charge her, too.'
'Because there was no proof of conspiracy.
We just couldn't arrest her without...'
Glitsky sipped the juice, giving
her time to hear herself, to wind down. This was the last-minute panic
to bolster a case that he'd seen dozens of times.
'It sucks, doesn't it?' she asked.
'Insurance,' he said. 'Juries
tend to understand money.'
'You think?'
'It's your decision.'
Jenkins sighed. 'Something tells
me it's her, Abe.'
'You don't need motive. Amanda.
You might just want to let it go, prove the facts.'
A long pause, then, 'Okay,' and
then a click and a dial-tone.
No hello, no goodbye. Trial time.
Across town in his apartment, Wes
Farrell sat at his Formica kitchen table, which was littered with
yellow legal pads, manila folders, three days' worth of newspapers, a
manual typewriter, four coffee mugs, and a thick three-ring binder that
he'd divided into sections labelled Evidence, Argument, Witnesses, and
so on.
Each of these sections was
further divided into subsections, and each subsection contained
color-coded tabs in a particular order. Farrell had been living with
this binder for the past six months and by now felt he could wake up
and put his finger on anything he wanted in pitch darkness.
Bart was under the table and the
clock radio, which had been keeping him company with old rock 'n roll,
suddenly broke into Jingle Bells. Immediately, he reached over
and turned the dial and thought he'd found another soft rock station
when he realized it was Mary Chapin Carpenter telling her lover that
everything they got, they got the hard way.
Somehow, he couldn't find the
will to turn it off. He'd been consciously avoiding country music since
he and Sam split, but this song, intelligently invoking passion and
spark and inspiration, was ripping him up. Sitting back, he ran his
hands through his thinning hair, then reached for one of the mugs of
tepid coffee. He forced down a swallow.
His eyes roamed the empty
apartment - the same blank walls, thrift-store furniture, the same space.
He'd called Sam twice after the
first big fight and they'd had a couple of bigger ones after. And now
Thomasino had ruled that Diane Price was going to be allowed
to testify after all, and Christina was going to take her part, and Sam
would probably be in the courtroom, counselling her.
Shaking his head to clear it -
this was going nowhere - he flipped off the radio. He and Sam were
finished. Pulling his typewriter through the debris, he thought he'd
put this negative energy to some good use by working on some notes for
his opening statement, but as he reached for his legal pad, he had to
move the morning Chronicle, and The Picture hit him again.
Jesus, he thought, could it be?
Aside from the strategic disaster
the photo represented, he was having trouble overcoming his own sense
of personal betrayal. Though Mark and Christina had both denied that
anything untoward had taken place between them, the fact that they'd
met at Mark's house, at night, alone, without telling him about it, was
more than unsettling.
It had thrown him back on his own
demons.
This was the real reason for the
tantrum he'd thrown at them this morning before they went to court.
This wasn't just another trial for him, where he'd have to pump himself
up with some second-hand, third-rate rationalization that his actions
were relatively important.
It was far more personal - a last
opportunity, dropped into his lap by a benevolent fate, finally to do
something meaningful with his life. With the responsibility and the
commitment to Mark's defense, something had already changed inside
himself, motivating him to summon the discipline he needed to lose the
extra weight he'd carried for years, giving him confidence to try a new
face-softening mustache, a crisp and stylish haircut. He'd present the
new, improved Wes Farrell to the world, and to that end had bought five
new suits (one for each day of the working week), ten shirts, ten ties,
two pairs of shoes. Perhaps these changes weren't fundamental, but they
indicated that his image of himself, of who he could be, was changing.
He even started vacuuming his apartment, cleaning up his dinner dishes
on the same day that he ate off them. Unprecedented.
This trial was going to be his
last chance. It was life itself, a test of all he was and could be.
He had to believe.
And then this morning he'd opened
the newspaper, and in a twinkling the foundation seemed to give -
psychically, it shook him as the earthquake had. And, following that,
he'd sat at this table trying and failing to ignore the other signposts on the trail that
had led them all to here - the party at Dooher's, Mark's decision to
bring Christina on as a summer clerk, Joe Avery's transfer to Los
Angeles, which had pre-ordained Joe and Christina's break-up, Sheila's
death, and now, finally, the two of them - Mark and Christina - nearly
united.
Viewed from Farrell's
perspective, the progression was linear and ominous.
He tried to tell himself that it
didn't necessarily mean what it could mean.
Wes knew Mark, who he
was, what he was. And Mark could never have done what he was accused
of. It was impossible.
Wes wasn't religious, but
Dooher's innocence was an article of faith for him. If he didn't know
Mark, he knew nothing. This was why, as the preparation for trial had
uncovered enough unpleasant assertions about Mark to make even Farrell
feel uncomfortable, he had never truly doubted.
Assertions were just that, he had
told himself time and again. They weren't proven. People, often with
axes to grind, would say things.
Farrell had tried to look
objectively at all this alleged wrongdoing, and came away convincing
himself that it was all smoke and mirrors. There was absolutely no
evidence tying Mark Dooher to any other murders or rapes or
anything else.
But now there was Christina. She
was a fact, as was her connection to Mark. And worse, because of her
the seed of Wes's own doubt had germinated. He closed his eyes,
picturing her in his mind. A beautiful woman, no question about it. He
himself was not immune to the power of beauty - what man was? But that
did not mean his friend had killed to have her.
Farrell kept trying to tell
himself that Mark's lifelong luck had delivered Christina to him at the
moment he needed her most, after his wife was gone, for whatever
comfort and hope she could give him.
But suddenly, after last night,
this was a hard sell.
'Christina, this is Sam. Please
don't hang up.'
'I won't.'
'I argued with myself all day
about calling you.'
'I kissed him good night, Sam.
That's all there was to it. This whole media frenzy is insane.'
'But you know you're ... with
him.'
'I represent him. I'm his lawyer.'
'That's not what I mean. I know.
I
knew back . . . when we were still friends.'
'I'm sorry, I have no comment.'
'Okay, that's all right. I don't
need a comment. But I just had to try to tell you - because we were
friends, because you do know so much about the psychology of rape -
that you and Wes are both wrong about Mark Dooher. I can prove—'
'Sam, stop! You'll get a chance
to prove everything you want to at the trial.'
'That won't prove what I'm
talking
about. I'm telling you - sit and talk to her, you'll be convinced.
She's telling the truth, she's—'
'I'm going to hang up now, Sam.
Mark didn't do that. He couldn't have done that.'
'Why are you so blind? Why won't
you even consider it?'
'Goodbye, Sam.'
Farrell was running on pure
adrenaline. He'd slept less than five hours, but this was precisely the
moment that all the nights of insomnia had been in service of.
He reminded himself that the
trial was simpler than life - all he had to do here was refute the
prosecution's arguments, and Mark Dooher was going to walk. He could do
that in his sleep.
In California, the defense has
the option of delivering its opening statement directly following the
prosecution's, where it has the general effect of a rebuttal; or it can
choose to wait and use its opening statement to introduce its own
version of events, its case in chief. Farrell chose the former.
He didn't believe he was going to
get surprised by any prosecution witness. He knew the direction he was
going to take - deny, deny, deny. And he wanted to prime the jury, at
the outset, that there was reason to question every single point
Jenkins had raised.
He'd thought it out in detail. He
would begin casually, standing beside Dooher at the defense table. He
would not consult any notes - his defense was from his heart. He
wouldn't use a prepared speech. His body language would scream that the
truth was so obvious, and he believed it so passionately, that it spoke
for itself. By contrast, Jenkins had stood delivering the rest of her
opening statement for the better part of the morning, consulting her
legal pad over and over, laboriously spelling out her case in chief.
Farrell sipped from his water
glass and stood up.
'You've all heard Ms Jenkins's
opening statement. She's given you a version of the events of June 7th
that she says she's going to prove beyond a reasonable doubt. There is
no way she can do that because those actions of Mr Dooher that she got
right did not happen for the reasons she contends, and the rest of them
she simply got wrong.
'I'm going to strip this story of
Ms Jenkins's sinister interpretation, and give you the facts. On that
Tuesday, Mark Dooher purchased champagne and brought it home because he
was a loving husband. He made a phone call from his office to his home
on the afternoon of June 7th, and asked his wife if she would like him
to come home early. He made a date with her, ladies and gentlemen of
the jury. After nearly thirty years of marriage, Mark and Sheila Dooher
were having a romantic interlude. A date.
'Before he got home, his wife
took a dose of Benadryl because she suffered from allergies. She helped
herself to a
glass or two of champagne. Sheila Dooher was forty-seven years old
and she was neither senile nor dim-witted. She could make her own
decisions, and did, on matters of what she ate and drank. She had been
taking the menopause drug, Nardil, for over a year. Many times, in
front of many witnesses, she drank alcohol within this timeframe.
Several witnesses will testify that Sheila Dooher was skeptical of her
doctor's recommendations to avoid certain foods and alcohol.
Tragically, it looks like Mrs Dooher was equally careless about mixing
drugs.'
Farrell sipped again from his
water glass, slowing himself down. Jenkins hadn't objected once; all
eyes were glued to him. He was rolling.
'What happened next? The Doohers
had a late lunch. Nothing more sinister than that. Sheila Dooher went
up to her bedroom to take a nap. She was tired, and she took a
sedative, her husband's chloral-hydrate.
'Ms Jenkins has told you that
Mark Dooher gave her the chloral-hydrate. Rubbish, absolute rubbish.
There is not one witness, not one shred of evidence that even suggests
that this is the case. Ms Jenkins says it is so because she needs it to
be so to convict Mark Dooher. She cannot prove it because it never
happened.'
Jenkins now did get up, objecting
that Farrell was being argumentative.
Farrell supposed he was, but knew
Jenkins had made the objection, as much as anything, to throw off his
rhythm. It wasn't going to work. She was sustained by Thomasino and
Farrell moved out from the desk now and went on, a smile tugging at the
corners of his mouth so the jury could see what a good guy he was -
magnanimous at this silly interruption.
It also gave him his third
opportunity to repeat the sequence that had led to Sheila's death.
After which: 'And what were Mr
Dooher's actions after his wife had gone upstairs? Well, he did not set
the burglar alarm in his house. A prosecution witness, Mr Dooher's
next-door neighbor Frances Matsun, will tell you he then reached up and
appeared to be doing something with the light bulb over the side door.
Mr Dooher does not remember this. Perhaps there was a cobweb on it - he
doesn't know.'
'Next he drove to the San
Francisco Golf Club. Now you'll remember that Ms Jenkins made rather a
big issue of the fact that Mr Dooher belongs to the Olympic Club and on
this night chose not to go to his own club's driving range, but rather
to a public range. It is going to be for you to decide how big an issue
this was. But I will tell you that Mr Dooher is a personable man . . .'
'Objection.'
'Sustained.'
'I'm sorry. Mr Dooher has many
business contacts at his club, and he didn't want to have to be ...' he
paused, smiling now at the jury, including them in the humor '...
personally interactive. He wanted to spend the time working on his golf
swing without interruption.'
'The golf pro at the
driving-range shop will testify that Mr Dooher bought two buckets of balls and sometime
later returned with two empty buckets. He will also testify that Mr
Dooher and he discussed golf clubs and corrections to his swing and
exchanged other pleasantries - in short, that Mr Dooher's actions
appeared completely normal.'
Farrell shrugged in tacit apology
to the jury for the time this was taking. He was on their side
and all must agree that this was clearly a waste of everyone's time.
'When he got home, Mr Dooher did
the dishes and drank a beer, after which he went upstairs and
discovered his wife's body. Horrified, he punched up nine one one. We
will play the recording of this call for you and again, you can decide
if the voice you hear is believable or not.'
'But we are not finished yet.
After the police came to begin their investigation, Mr Dooher
cooperated fully with Inspector Glitsky' - and here Farrell stopped and
theatrically gestured across the courtroom - 'who is the gentleman
sitting there at the prosecution table. He gave a full and voluntary
statement and answered every question until Inspector Glitsky had no
more to ask.'
Farrell deemed this a reasonable
moment to pause. Going back to his table, he took another drink of
water, glanced at Dooher and Christina, and turned back to the jury box.
'Now, as to some of the other
allegations and alleged evidence the prosecution has put in front of
you - the tainted blood sample, the knife with Mr Dooher's fingerprints
on it, the surgical glove found at the scene, and so on - we are at a
disadvantage. We can't explain everything. That's one of the problems
with being innocent - you don't know what happened. You don't know what
someone else did.'
'Your honor,' Jenkins said.
'Counsel is arguing again.'
Thomasino scowled, which Farrell
took to be a good sign. He had been arguing, no doubt, but Thomasino
had allowed himself to get caught up in it, and resented being reminded
of his lapse.
Still, he sustained Jenkins's
objection and told Farrell to stick to the evidence.
Farrell met some eyes in the
panel. 'I'm going to say a few words now about motive. The prosecution
has told you that Mr Dooher killed his wife to collect an insurance
policy worth one point six million dollars. This is their stated motive
- I urge you to remember it.'
Farrell went on to explain that
the defense would disclose all financial records of Mr Dooher
personally and those of his eminently solvent firm. He was nearly
debt-free, his 40IK money, fully vested, amounted to over $800,000,
savings accounts held another $100,000. He owned his home nearly
outright and it had most recently been appraised for over a million
dollars. In short, while one point six million dollars was not chump
change, so long as Mr Dooher continued with his regular lifestyle and
did not plan to take up cruising the Aegean in a fully crewed luxury
yacht, he didn't need any more money.
Farrell spread his hands. 'Ladies
and gentlemen, the prosecution cannot prove that Mark Dooher had a
motive to kill his wife because he had no motive. The prosecution
cannot prove he poisoned his wife because he did not. They will not
prove he is guilty because he is innocent. It's as simple as that.'
'At the end of this trial, when
you see that the prosecution has not proven these baseless accusations,
I will ask for the verdict of not guilty to which my client is
entitled.'
For lunch, Dooher - mending
fences - took them all to Fringale, a tiny bistro a couple of blocks
from the courtroom. They were at a table in the back corner and Wes,
desultorily picking at a dish of white beans with duck, didn't seem to
be responding positively to the gesture.
By contrast, Dooher was in a
celebratory mood, enjoying a double order of foie gras with a
half-bottle of Pinot Noir all for himself. Hell, he wasn't working - he
was spectating.
Christina, oblivious to the
attention she was receiving from the other patrons and their waiter
(her water glass had been re-filled four times), had forgotten Sam's
call and the kiss and was enthusing over Farrell's performance. 'You
know, Wes, I believe you could make a living at this.'
'It was a great statement,'
Dooher agreed. 'You put all that in your nine nine five.' This was a
motion that Farrell had earlier filed under California Penal Code
section 995 that there wasn't sufficient evidence to convict Dooher. 'I
can't believe Thomasino let this turkey go on.'
Farrell kept his head bowed over
his food, his shoulders slumped. Anyone seeing him would have trouble
identifying him as the showman who'd worked such wonders in the court
less than an hour before. 'It's a long way from over, Mark. You'll
notice I did gloss over a few of what, from our perspective, are
non-highlights.'
Christina put her fork down.
'What do you mean?'
'I mean the hole in the fence at
the driving range, blood missing from Mark's doctor's office, Mark's
fingerprints on the murder weapon ...'
Dooher was concentrating on his
little toast points, spreading his foie gras with perfect evenness.
'You hit all that.' He took a bite, savoring it. 'You said we couldn't
know, that was the problem with being innocent. It could have been your
finest moment.'
But Christina was staring at Wes,
something else eating at her. She'd never heard him use this tone
before, and it worried her. He must still be upset about the kiss.
She knew that Wes had been angry
yesterday, but Christina had assumed that his fury would blow itself
out. But now she wondered if it went deeper. She reached over and
touched his hand. 'I want to tell you something,' she said quietly.
He raised his bloodhound's eyes.
'You're still mad at us and you
think we've lied to you, but me going over to Mark's, that was an honest
mistake. I would not lie to you. Mark wouldn't lie to you.'
Dooher had stopped chewing,
listening intently. And now he eyed Farrell levelly. 'If you've got
doubts on that, Wes, I want to hear them.'
Gradually, Farrell shook his
head. 'I'm just tired,' he said. 'I'm going to sleep all weekend.'
'What the hell is he doing here?'
Mark asked.
Christina and Wes were having
coffee and Dooher was enjoying a snifter of Calvados when Abe Glitsky
entered the restaurant and made his way over to their table.
Nodding all around, friendly as
you please, he leaned over Farrell's shoulder. 'Ms Carrera, I'd like to
ask you a few questions before court reconvenes. I wonder if you'd stop
by my office on the fourth floor after you've finished your lunch.'
'How'd you know we were here?'
Dooher asked.
Glitsky favored him with the
scar-split smile. 'Spies,' he said. 'They're everywhere.'
Farrell was torn between the
impulse to tell Glitsky to shit in his hat and curiosity over what he
wanted to talk about with Christina.
He insisted he be present and
Glitsky said no.
He then reminded the Lieutenant
that he was entitled to all discovery in the case. This didn't rate an
answer.
Glitsky simply asked again if
Christina would talk to him or not. She told Farrell she wanted to go,
she could take care of herself. It would be best to find out what
Glitsky had on his mind.
'What's this about, Sergeant?'
'Actually, it's Lieutenant now.
I've been promoted.'
'Oh, that's right, I remember.
Congratulations.'
Guarded, but curious, she sat
kitty-corner from Glitsky at a scarred oak table in one of the
interview rooms adjoining the Homicide detail. He left the door open,
and let her have the power position at the far end of the table. He
took his mini-recorder from his jacket pocket and sat it on the table
in front of them.
'This is Lieutenant Abe Glitsky,
star number 1144,' he began, 'and I'm speaking with—'
Christina reached over and
grabbed the recorder, flicking it off. 'Wait a minute, what are you
doing?'
Life was a constant surprise,
Glitsky was thinking. Never before had anyone - hardened criminal or
anti-social cretin - ever taken his tape recorder and turned it off. He
was sure this should be instructive, but didn't know what it meant. 'I
thought you invited me up here to have a discussion.'
'That's correct.'
'So what's this?'
'The tape is how we do
interrogations.'
'You're interrogating me?'
'You got it right the first time,
Ms Carrera. We're having a discussion, but it's pursuant to my
investigation of Mark Dooher.'
'Well, I'm not going to answer! I
represent the man, Lieutenant. He's my client. Anything between me and
Mark is privileged and you ought to know that.'
'Actually, not. You only became a
lawyer a couple of weeks ago, isn't that true?' He knew it was true; he
didn't have to wait for her reply. 'And even if a case could be made
that you had an attorney-client relationship before that - not saying
it could - that relationship certainly didn't exist before Mr Dooher
got charged with his wife's murder, and that's the time I want to talk
about.'
It rocked her. She sat back in
her chair and took a breath, studying him. 'What for?'
'Can I have the tape recorder
back?'
'I'm not going to talk to you.
Are
you accusing me of something?'
'No, ma'am. If we come close to
that and you'd like to have your own lawyer present, we can do this
some other time, but one way or another, we're going to do it.'
Her eyes narrowed. 'No, we're
not. Not now, not ever if I don't choose to. Nobody ever has to talk to
the police, Lieutenant - not me, not my client, not anybody. And you
know it.'
Glitsky backpedalled. He didn't
want to lose her. 'I thought this would be the most pleasant way. You
know what the newspapers are saying. I'm the investigator in this case.
When questions come up, it's my job to get an answer for them, even if
it happened to be in the middle of the trial.'
'You're trying to get me to
become a witness against my client.' She was getting angry herself now.
'This is the most unprofessional thing I've ever heard of, Lieutenant,
and I really resent it. I met Mark Dooher on Mardi Gras of last year,
say ten months ago. There was absolutely nothing between us until after
his wife was dead. Does that answer your question?'
'Yes, it does,' he said.
She looked at him for a long
moment. 'Lieutenant Glitsky, do you remember when I came up here to
talk about Tania Willows and Levon Copes, and you sat in that chair out
there,' she pointed through the open doorway, 'and laughed until tears
came to your eyes? Do you remember that?'
'Sure.'
'And there was a moment right
after that, after your Lieutenant came out and asked if you were okay,
when you and I looked at each other and something went "click" -I don't
mean sexually - where we just got something together. You remember?'
Glitsky nodded.
'So were we intimate then?'
'That's not the kind of intimacy
we're talking about.'
'Well, then, Mark and I were not
intimate. Are not intimate. I care about him a great deal. And while
we're speaking so frankly, I don't know why you're persecuting him so
horribly.'
'The evidence says he killed his
wife, Ms Carrera.'
'I don't think it does. That's
what you want to see.'
Glitsky held himself in check,
his voice flat. 'Because of my abiding hatred of the Church of Rome and
my single-handed campaign to bring it to its knees?' He gestured to the
empty walls of the room they were in, the external office with all the
glamour of a train wreck. 'Or perhaps it's my ambition to rise to the
top of this dung heap? You pick. One of the above.'
He had gotten to her. Lowering
his voice, Glitsky leaned in toward her. 'I'm trying to figure out why.'
She put her elbows on the table.
Their heads were inches apart. 'Lieutenant, there's no why. He
didn't do it. That's why you can't find a reason for it.'
'How about you?'
'I've told you. I don't think he
did it.'
Glitsky was shaking his head.
'No. How about if you're the reason, if he killed Sheila so he'd be
free to have you?'
Her eyes went dull. She seemed to
stare through him. Finally: 'You know, I'm sorry, Lieutenant. You must
live in the bleakest world there is. You're telling me you've got Mark
killing his wife, risking a murder trial and life in prison, all on the
remote chance that he'll be free to have me, who has made no
commitment to him? You flatter me, but please.'
'It's not impossible.'
'It is impossible,' she said.
'It's insane. The only way that's even remotely feasible is if I...'
She stopped. 'If we did it together.'
Glitsky had his arms crossed. He
didn't respond except to reach over and turn the tape back on.
After a few seconds, Christina
stood up. Leaning over, she turned it off. 'If you want to pursue this
further, Lieutenant, next time I'll bring an attorney.'
He was watching her, her face a
shifting kaleidoscope of emotions and reactions. 'I just want to say
one last thing.'
He nodded. 'All right.'
'I am so sorry about your wife. I
never had a chance to tell you that.'
Then she was gone.
Glitsky remained in his chair,
legs stretched out, arms crossed. He had a couple of minutes before the
lunch recess was over and he had to be back in court.
Reaching under the table for the
second tape recorder that was hidden there, he pulled it out, stopped
the tape, and rewound to the last seconds.
'I am so sorry about your wife. I
never had a chance to tell you that.'
He played it back again. A third
time. It had struck him as genuine when she said it. Now it sounded
sincere on the tape.
Paul Thieu poked his head in
through the door. 'How'd it go?' he asked.
'She looked rattled. She had to
stop at the door and take a few deep breaths, then ... what's the
matter?'
'Nothing. She didn't have
anything to do with it. Dooher did it alone.'
'How do you know?' Thieu asked.
Glitsky sat still another minute.
'I just know,' he said.
CHAPTER THIRTY FIVE
Farrell's plans might have
included sleeping all weekend, but the weekend was a long afternoon
away.
Jenkins called John Strout, the
coroner, as her first witness. The lanky Southern gentleman was at home
on the witness stand, and gave a dispassionate and complete account of
the medical issues surrounding Sheila's death.
Most, if not all, of these, could
have been stipulated by both parties - that is, they could have had the
Judge read to the jury the undisputed facts about the details of
Sheila's death - but prosecutors always wanted to have the coroner make
a murder seem real to the jury, and in this case, Farrell had a small
but, he thought, important point to make himself.
'Dr Strout.' Farrell's fatigue
had dissipated. He was standing in the center of the courtroom, listing
slightly toward the jury. 'In your testimony, you often referred to the
drug overdose that was the cause of Sheila Dooher's death. Did you list
this on the coroner's report, People's One?'
'I sure did.'
'Could we look at that page of
People's One a minute, your honor? Let the jury pass it around?'
Thomasino hated this kind of
theatrics. Of course the jury could review People's One,
although there was all kinds of information in the coroner's report
that had little or nothing to do with anything the jury needed to know.
But Farrell wanted to keep them involved. As they were passing it back
and forth, he said, 'Paying particular attention to the cause of death,
which, you will notice, does list drug overdose along with a
significant amount of medical jargon,' he moved over directly in front
of Strout.
'Now, Doctor, we had a talk - you
and I - a couple of days ago, and you gave me several other coroner's
reports from different cases that you've handled over the past months,
isn't that correct?'
'Yes.'
Jenkins was on her feet.
'Irrelevant. Your honor, what's the possible relevancy of the causes of
death in unrelated cases?'
Thomasino leaned toward
agreement. 'Mr Farrell, I'll give you about one minute to make your
point.'
Farrell had the other coroner's
reports entered as Defense Exhibits A through D, and then came back to
the witness. 'Let's start with manner of death here in Defense A, Dr
Strout. What does it say here, for the jury's benefit, please, under "cause of
death"?'
'It says "drug overdose".'
Farrell did his imitation of
Thomasino raising his eyebrows. 'In fact, Doctor, in each of Defense A
through D, the cause of death is listed as "drug overdose", isn't that
true?'
'It is.'
Satisfied, Farrell nodded and
moved a step closer to the witness. 'All right.' He'd primed the pump,
and now Farrell was ready to strike oil. 'Dr Strout, do a lot of people
die of drug overdose every year?'
'Yes, hundreds.'
Thomasino leaned forward over the
bench. 'Your minute's about up, counsellor.'
'My next question brings in
Sheila Dooher, your honor.'
The Judge nodded impatiently.
'All right, go ahead.'
'And what about the overdoses
that these hundreds of people die of every year? Except for the
specific drugs involved, are these drug overdoses particularly
different from that suffered by Sheila Dooher?'
Farrell darted a quick glance at
Thomasino. At least he'd brought his questioning back to people
involved in this case.
But Strout was frowning. 'I don't
understand the question. Every case is different, though there
are similarities if the same drugs cause the death.' He waited for
Farrell to clarify what he wanted.
'In the hundreds of drug overdose
deaths every year, is there a common feature that might point to a
murder rather than, say, an accident or a suicide?'
Strout considered a minute.
'Generally, I'd say no.'
'And in Mrs Dooher's case,
specifically, was there any medical indication that she'd been
murdered?'
'No.'
'So, Doctor, correct me if I'm
wrong, but based on your autopsy, it sounds to me as if you don't know
whether Sheila Dooher was murdered or not, do you?'
'Well, the introduction of so
many different drugs within such a limited time just shut down the
respiratory apparatus. It's likely she had a malignant hypertensive
response, potential cardiac arrhythmias, and then subsequently, severe
hypotension.'
'Excuse me, Doctor, but in your
opinion, was this a crime or an article in the New England Journal
of Medicine?
'Objection!' Jenkins, he knew,
was out of her seat. He didn't have to turn around.
Thomasino grunted. 'Sustained.'
Farrell shot a glance at the
jury. He knew it never hurt to put in a dig when things got pedantic.
Farrell was just a regular guy, a lay person, like these long-suffering
jurors. There were traces of smiles on a few faces. He turned back to
Strout. 'I'll repeat the question, Doctor. You don't know whether
Sheila
Dooher was murdered or not, do you?'
'It's somewhat unusual to see so
many different drugs...'
'Excuse me again, Doctor, but
it's a yes or no question. You don't know whether Sheila Dooher was
murdered or not, do you?'
Strout had to admit it. 'I don't
know.'
'You don't know whether Sheila
Dooher was murdered? Is that your testimony?'
'Yes.'
Thank you.'
It didn't take Amanda Jenkins
long to realize that Wes Farrell wasn't the modest intellect, low-rung
attorney he pretended to be. He'd hurt her on his opening statement and
then again with Strout. She thought it was time she put some of her own
points on the board, and she stood and told the court that the people
would call Sergeant George Crandall.
Crandall had been a marine and -
though today he wore a business suit -still looked and acted like a
marine. He stood up in the gallery and walked, a ramrod, up to the
witness stand, where he pre-empted the clerk, raising his hand and
swearing to tell the truth, the whole truth, and nothing but the truth
so help him God without any prompting. Obviously, Crandall had been
here before.
Controlling his own show, he sat
down and nodded at Jenkins.
Crandall sat up straight, but
completely at home in the witness box. Knowing it was going to be a
while, he unbuttoned his suit jacket, though he did not lean back in
the chair, nor did he cross his legs.
Jenkins spent a moment or two
establishing that Crandall was an expert homicide investigator with
fifteen years of experience and was now, in fact, Head of the police
department's Crime Scene Investigation Unit. He had arrived at the
murder scene within an hour of the 911 call.
'Were you the first policeman on
the scene?'
'No. Sergeants Glitsky and Thieu
of Homicide were already there, as well as the Lieutenant and Sergeant
from Taraval station and some patrolmen.'
'And had these people found
anything relating to the murder by the time you arrived?'
Farrell knew Amanda would be
using the word 'murder' a lot that day - trying to condition the jury
to
accept what she couldn't prove. He couldn't do anything about it, and
let it go.
'Would you tell us, Sergeant,
what you found at the scene of the murder?'
'One of the first things we found
is what we did not find.'
'And what was that, Sergeant?'
'We found there was no sign of a
forced entry at the side door. Or anywhere else for that matter.'
'No sign of forced entry?'
'No. We believe that egress was
through the side door, by the driveway, because we found a surgical
glove and a knife near that door.'
Jenkins produced these and they
were entered as People's Exhibits 2 and 3.
The knife matches other knives
found in the defendant's kitchen, is that right?'
Before Crandall could even think
about answering, Glitsky noticed some quick back and forth at the
defense table. For the first time, Christina stood up. 'Your honor,
we've stipulated that the knife belonged to the Doohers.'
Glitsky moved uncomfortably in
his seat. Jenkins hadn't gotten her sea legs yet and he felt for her.
Her first murder case had gone high profile and sideways, and she
wasn't doing well. She appeared to be groping for another direction, a
specific question, but she couldn't seem to frame it except in a
general way.
'Was there anything else about
this side door?'
Fortunately, Crandall was on her
side, inclined to help. He nodded.'The Sergeant from Taraval reported
that the light over the door had been out when they arrived, but he
turned it and it went back on.' This was technically hearsay, but
nobody objected. 'The alarm system also was not turned on. Upstairs, in
the master bedroom, Mrs Dooher was in the bed.'
'And how was she lying?'
'On her side.'
'On her side? Not on her back?'
'No, on her left side.'
Jenkins moved back to Glitsky's
table and he gave her a surreptitious thumbs-up as she gathered some
material. 'Sergeant Crandall, would you look at these crime-scene
photographs and tell us if you recognize them?'
Jenkins handed them over and
Crandall agreed that they were accurate. The jury got to look at them.
Crandall continued, mentioning the tossed blanket and sheets, the
missing jewelry, the blood. He then described the lividity that had
been on Mrs Dooher's shoulder.
'Based on your training and
experience, Sergeant, does this lividity help you reconstruct the crime
scene?'
'Yes, it does.' Glitsky had known
Crandall for a long time, and knew he could be personable and even
funny in a cop sort of way. But here on the stand, the man was a
machine. 'As the coroner has said, when a person dies, the blood
settles into the down side of the skin due to gravity.'
'But didn't you just say that
this lividity was on Mrs Dooher's upper shoulder?'
'Yes, I did.'
'And what does that mean?'
'It means that she was moved
after she was dead. Rolled half-over.'
'And why was that?'
This time, Farrell stood on top
of it. 'Objection, your honor! Speculation.'
The objection was sustained, but
Jenkins was finally beginning to roll. 'Sergeant, when you first
entered the room, did you have an impression of what had happened
there?'
Crandall nodded. 'Yes.'
'And what was that?'
'It looked like a burglary that
had been interrupted when the victim woke up, that there'd been a
struggle, and in that struggle the burglar had killed Mrs Dooher.'
'But don't we know that Mrs
Dooher was already dead when she was stabbed?'
'That's right. Because of the
lividity, that was my assumption at the time - she was dead when she
was stabbed.'
'And had the nightclothes been
ripped or partially ripped from the victim?'
'Yes.'
'And had the bedding been thrown
about?'
'That's right.'
'And was there blood spattered on
the bed and on the floor, under the bed and so on?'
'Yes.'
'Even though Mrs Dooher could not
have struggled at all because she was already dead?'
Crandall said yes again, and
Glitsky thought he didn't have to provide any speculation after this
testimony. What had happened ought to be clear enough.
Jenkins came back to the table
for her pad. Consulting it, she faced Crandall once more. 'Now,
Sergeant Crandall, let's change direction for a moment. What did you do
with the blood samples you found at the scene of the murder?'
'I sent them for analysis to the
crime lab.'
Farrell knew he had a hostile
witness in Crandall, but it wasn't his style to pussy-foot. He got up
from the defense table, crossed the floor of the courtroom, and
positioned himself about two feet in front of the witness. He smiled
warmly.
'Sergeant Crandall, I'd like to
begin by talking about the side door, where you've testified that there
was no sign of forced entry. No sign at all?'
Crandall nodded. 'That's right.'
'In your thorough investigation
of the premises, did you discover anyplace else where somebody might
have broken into the house?'
'No. Whoever came in appeared to
just open the door.'
'So there was no sign that anyone
broke in.' Farrell brought in the jury with a look. 'None. And no one
had tried to make it look like a break-in either, had they?'
Crandall paused a second before
answering. 'I don't know whether anyone had tried.'
Farrell appreciated this answer
and he told Crandall as much. 'That is what I asked, isn't it,
Sergeant?'
A nod.
'But whether or not anyone had
tried, it didn't look like anyone had tried to make it look
like a burglary, did it?'
'No.'
'All right, thank you. Let's
leave that for a moment.' Farrell took a few steps over to the exhibit
table and lifted something from it. 'I call your attention to People's
Exhibit Number Two, the kitchen knife which we all agree belonged to
the defendant and his wife. Did you have this knife tested for
fingerprints?'
'Yes.'
'And what did you find?'
'We found the defendant's
fingerprints on the knife, as well as those of his wife.'
'Anybody else's?'
'No. Just those
two.'
'All right. Now did you discover
anything about the defendant's fingerprints that would indicate that he
held this knife during or after it was plunged into his wife's chest?
For example, were there fingerprints over blood on the knife, or
fingerprints in blood?'
'No.'
'Nothing at all to indicate that the
defendant had ever used this knife as anything other than an
ordinary kitchen implement?'
'No.'
'Nothing at all?'
Jenkins spoke from behind
Farrell. 'Asked and answered?' Thomasino agreed, sustaining her.
Farrell nodded genially, glanced
over at the jury and included them in his good humor. 'All right,
Sergeant, I think we're getting somewhere here on all this evidence
that was found at the murder scene. I'd like to ask you now about the
surgical glove, People's Three, that was found outside the house, by
the side door that showed no sign of forced entry. Did you submit this
glove to rigorous lab analysis?'
'Yes, of course.'
'Of course. And what did you find
on it? Any fingerprints?'
'No. No fingerprints.
The rubber does not hold
fingerprints. We did find some spots of Mrs Dooher's blood.'
'Only Mrs
Dooher's blood?'
'Yes. Only Mrs Dooher's.'
'A lot of blood.'
Crandall shook his head. 'I
wouldn't say a lot. A few drops, splattered and smudged.'
'But again, nothing at
all that ties this piece of evidence to the defendant. Nothing at all,
is that right?'
'Yes. That's right.'
'Good!' Farrell brought his hands
together histrionically, delighted with the results of his questions so
far. 'Now, Sergeant, don't the police routinely wear surgical gloves,
just like this one, when they are investigating crime scenes?'
Jenkins stood up, objecting, but
Thomasino let the question stand, and Crandall had to answer it.
'Yes,
sometimes.'
'Just like this one?'
'Sometimes, yes.'
'Sometimes, hmmm. So you,
personally, have access to gloves just like this one?'
'Objection! Your honor, Sergeant
Crandall isn't on trial here.'
But Farrell spoke right up. 'Your
honor, I'm trying to establish that the glove could just as easily have
come from the police presence at the scene. Absolutely nothing has
been offered to connect this glove with the defendant.'
Thomasino nodded and sighed. 'It
seems to me you've done that already, Mr Farrell. Let's move on to the
next point.'
Farrell bowed, acquiescent.
'Sergeant, you've told us that your initial impression upstairs -
before you knew about the lividity in Mrs Dooher's shoulder - was that
a burglary had occurred and she'd woken up and the burglar had stabbed
her after a struggle. Do I have that right?'
'Yes.' Crandall shifted in his
seat. Farrell, keeping him to short answers on simple factual
questions, had succeeded in making him appear restless, edgy. And he
wasn't finished yet.
'In other words, the room looked,
to your practiced eye, as though a burglary had been in progress,
isn't that correct?'
'That's the way it looked to me.
Until I looked more carefully at the body.'
'It was made to look like a
burglary?'
'Your honor.' Jenkins stood at
her table. 'How many times do we have to hear the same question?'
Thomasino nodded. 'Let's move it
along, Mr Farrell. You've established that the scene looked to Sergeant
Crandall like a burglary had been interrupted.'
'I'm sorry, your honor. I just
wanted it to be clear.'
Farrell turned to the jury and
bowed slightly, an apology. Turning back, facing the Judge and the
witness box, his voice was mild. 'So, Sergeant, based on your training
and experience, you reached the conclusion that Mr Dooher had been the
person in the room who had faked this burglary?'
Crandall did not respond quickly.
'Yes, I'd say that's right.'
'He wanted it to look like a
burglary, and so he left the side door open so there'd be no sign of a
burglar's forced entrance? Is that your contention?'
'I don't know why he left the
door open. Or even if he did. He might have let himself in with a key.'
'Indeed he might have, sergeant.
So, what evidence did you uncover that shows that Mr Dooher, as opposed
to someone else, did any of this?'
'Objection. Argumentative.'
This had been Farrell's
intention, so it didn't surprise him when Thomasino sustained her.
Moving a step or two closer to the witness box he had his hands in his jacket pockets.
'Just to recount for the jury, Sergeant, so far we've established that
none of the evidence found at the scene in any way places Mr Dooher
there at the time of the stabbing of his wife, isn't that the case?'
'Not directly, but—'
Farrell held up a finger,
stopping him. 'Not only not directly, Sergeant. You've testified that
there was nothing at all. These were your own words: nothing
at all. Then you concluded that Mr Dooher attempted to make it look as
though a burglary had taken place when in fact he returned to his home
to kill his wife, and yet he apparently took no great pains to create a
false impression of illegal entry, which surely would have aided his
deception. Then he left no evidence behind, none at all, that
would implicate another person?'
'No, that's not true. There was
the blood.'
Farrell gave every impression of
relief that Crandall had reminded him of that thorny problem. 'Ah yes,
the blood, the blood. The tainted blood. But, of course, that's not
your area, is it?'
'No, it's not.'
Farrell had wounded Crandall and
had him in his sights again. He was going to bring him down.
'Sergeant, in your thorough
investigation of the crime scene, you must have found a great deal of
evidence that Mark Dooher, in fact, lived in this house, isn't that
right?'
'Yes. Of course.'
'Did you find his fingerprints,
fibers from his clothing, hairs and so forth?'
'Yes, we did.'
'And would you have expected to
find those things?'
'Of course.'
Farrell gave him another smile.
'A simple "yes" is fine, Sergeant, thank you. Now, did you find
anything you would not have expected to find relating to Mark Dooher?'
'Like what?'
'I don't know, sir. I'm asking
you, but I'll rephrase it for you. Did you find anything specific -
either at the crime scene itself, or in Mr Dooher's car, or his office,
or in your subsequent analysis of lab results and blood tests and so
forth that, based on your training and experience, led you to suspect
that Mark Dooher had killed his wife?'
Crandall didn't reply. Farrell
pressed his advantage.
'And isn't it true that you found
no physical evidence, either in the bedroom itself or on the person of
Mrs Dooher that linked Mark Dooher with this crime?'
Crandall hated it. His face had
flushed with suppressed anger. 'I suppose if you—'
'Sergeant! Isn't it true that you
found no evidence linking Mark Dooher with this crime? Isn't that true?'
He spit it out. 'Yes.'
Another smile. 'Thank you.' Wes
beamed up at Thomasino. 'That's all for this witness, your honor.'
Had Glitsky not encountered
similar situations dozens of times before, he wouldn't have believed
it. It still amazed him. Amanda's next witness, who'd been sitting out
here in the hallway forty-five minutes ago, had disappeared.
So Glitsky was out in the
echoing, linoleum corridor, chatting with a severely displeased George
Crandall. Crandall had vented his pique about Farrell's
cross-examination for a couple of minutes, and now was telling Glitsky
about a book he was going to write, based on his true-life experiences
as a big-city cop.
'Really, though, I don't have
much more than a title at this stage. I got friends who say that's the
important part, anyway. You get a good title, you sell a lot of books.'
'What's the title?' Glitsky asked
him.
'Wait. First, here's the idea.
You know all these celebrities who grow up and remember that somebody
abused them when they were seven and that's why they've been married
eight times and they've got substance-abuse problems and if all of us
normal people just tried to understand them they'd be happier?'
'Sure. I worry about them all the
time.'
'Exactly. So I'll call it Who
Gives a Shit? What do you think?'
Glitsky liked it a lot, but
didn't think it would sell very many books. He was starting to tell
that to Crandall, but had to cut the discussion short. Amanda Jenkins
was ascending the stairs holding the arm of a tall, disheveled young
man with horn-rimmed glasses - the crime-lab specialist, the 'blood
guy', Ray Drumm.
Mr Drumm, exquisite boredom
oozing from every pore, endured a two-minute lecture from Judge
Thomasino on the relative merits of wandering off, leaving the Hall of
Justice to smoke a cigarette outside when you were due to testify in a
murder trial. Contempt of court was mentioned, but didn't seem to make
much of an impact. Finally, Drumm was sworn in and took his seat in the
witness chair.
Like most of the professional
lawpersons in the building, Glitsky had no use for Drumm. A career
bureaucrat who wasn't yet thirty-five years old, Drumm was taciturn
when he wasn't being simply obstinate. Perhaps he was truly brain dead,
but Glitsky didn't think it was that. He had the attitude -I got my
job, I can't get fired, bite me.
But Jenkins couldn't let her
feelings show, though Abe knew she shared his own. Getting information
from Drumm was pulling teeth under the best of circumstances. God
forbid you did something to put his back up - and Jenkins had already
interrupted his precious cigarette.
He sat slumped on his elbow, but
she greeted him cordially, then began leading him through the blood
issues, bringing him around to the samples found in the room. 'And what
did you find in analyzing these samples?'
A roll of the eyes. Drumm had
much more important things to do at this moment. Clearly. He sighed.
'There were two different blood types - Mrs Dooher's and another one.'
'Was the second one Mr Dooher's?'
'No.'
'Do you know whose blood it was?'
'We know it was A-positive. We
ran DNA tests and—'
Farrell was up, shot out of a
cannon. 'Your honor! This is the first the defense has heard about DNA
testing. The prosecution has said they couldn't—'
'Just a minute, just a minute!'
This was Jenkins, voice raised.
Thomasino gavelled the room
quiet. Jenkins turned to the witness. 'Mr Drumm, you did not, in fact,
run DNA on this blood, did you? Perhaps you were thinking of Mrs
Dooher's blood.'
He shrugged. 'Maybe that was it.
I thought you were talking about her.'
Jenkins looked round at Farrell -
what could she do about this idiot? -and then turned back to Drumm.
'No, I was asking about the other blood sample from the murder
scene, the blood type of that second sample. What was that?'
'I just said. A-positive.'
Jenkins shook her head. 'No, Mr
Drumm, you just said Mrs Dooher's blood type was A-positive. Were they
both A-positive?'
Drumm couldn't have cared less.
'Did I say that?'
They wasted another minute or two
while the reporter read back what he'd said, and then Drumm asked to
see his lab results again and Jenkins got them from her table and
brought them to him. He turned a page, turned a page, turned back a
page.
'Mr Drumm, have you found the
blood type?'
Glitsky wanted to take out his
gun and shoot off the guy's kneecap. Wake him up. Or maybe shoot him in
the head, put him to sleep.
'I'm looking,' Drumm said. 'Yeah,
here it is. A-positive for the second blood.'
'And while we're here, what was
Mrs Dooher's blood type?'
As though he hadn't just a second
before reviewed the report, Drumm scanned it again. 'She was
O-positive.'
'Did you run DNA testing on the
second sample?'
'No.'
'And why not?'
'I don't know. Nobody asked me
to.' Jenkins was hoping against hope that Drumm would supply the useful
information that they hadn't run DNA because they had nothing to
compare it to - the blood had belonged to a man who was dead and
cremated. But then, certainly without meaning to, Drumm gave her
something. 'The DNA didn't matter anyway.'
This brought an audible reaction
from the gallery - nothing approaching an outburst, more a sustained
hum. Thomasino tapped his gavel and it disappeared.
'Why didn't it matter whose blood
was mixed with Mrs Dooher's at the murder scene?'
'Because the blood did not come
directly from a body. It came from a vial.' Jenkins questioned him to
bring out the EDTA angle and the picture gradually began to emerge.
'In other words, Mr Drumm, the
second blood discovered at the murder scene was brought there?'
'Looks like it.'
Farrell's direction was becoming
clear. He wasn't going to take up much of Mr Drumm's incredibly
valuable time. His cross-examination consisted of two questions.
'Mr Drumm, did you find any of Mr
Dooher's blood in either of the two samples you analyzed?'
And: 'Mr Drumm, did you find any
of Mr Dooher's blood on either the knife or surgical glove that were
found at the scene?'
The answer to both was no.
Peter Harris didn't like
testifying for the prosecution against one of his patients. From the
witness box, he raised a hand, greeting Dooher. The jury certainly
noticed.
But Jenkins needed him to put the
tainted blood in Dooher's hands. 'Dr Harris, are you the defendant's
personal physician?'
'I am.'
'And on what date did the
defendant have his last appointment with you?'
Harris by now knew the date by
heart, but he pulled out a pocket notebook and appeared to be reading
from it. 'It was a routine physical, Friday, May thirty-first, at
two-thirty.'
'Friday, May thirty-first, at
two-thirty. Thank you. Now, Doctor, do you draw blood from patients in
your office?'
'Yes, certainly.'
'Often?'
A shrug. Ten times a day,
sometimes more. It's a routine procedure.'
Jenkins nodded. 'Yes. And when
you draw blood, what do you do with it?'
'Well, that depends on the reason
we drew the blood in the first place.'
Glitsky saw Jenkins straighten
her back, take a deep breath. He was glad she was slowing herself down. Her
questions weren't precise enough. She wasn't getting what she wanted.
She tried again. 'What I meant, Doctor, is when you draw this blood,
you put it in vials, don't you?'
'Yes.'
'And what happened to these
vials?'
'We send them to the lab.'
'Good. Before you send them to
the lab, do you lock them up?'
'No.'
'Are they within anyone's
reasonable reach?'
Harris was uncomfortable with
this, but was trying his best to be cooperative. Again, he looked over
at Dooher, gave him a nervous, apologetic smile. 'Sometimes.'
'On a counter, or a tray, or by a
nurse's station, something like that. Is that what you mean?'
'Yes.'
'Before you can take these vials
to the lab, they are often left sitting out in your office, accessible
to anyone who wanted to take one, is that right?'
A wry expression. 'Not so much
anymore, but yes.'
'Do you lose a lot of these
vials, Doctor?'
'No.'
'Have you ever lost a vial?'
'Yes. A couple of times.'
'Did you lose a vial on Friday,
May thirty-first?'
'Yes, we did.'
'And whose blood was that, the
blood missing from your office on May thirty-first?'
The patient was Leo Banderas.'
'And what blood type does Mr
Banderas have?'
'A-positive.'
Glitsky shifted his gaze over to
the defense table. This testimony was going to be Dooher's darkest
hour. The defense team seemed to know it, too, and the three of them
sat, rapt, waiting for what was going to come next.
'Do you happen to know, Doctor,
what time Mr Banderas's appointment was for on that Friday, May
thirty-first?'
Slowly, though he knew the
answer, Harris reached for his little book and checked it one last
time. 'One forty-five.'
'Or forty-five minutes before the
defendant's appointment?'
For the third time, Harris made
eye contact with Mark Dooher. Then he nodded to Jenkins. 'That's right.'
Jenkins glanced up at the wall
clock. It was late enough that Thomasino would adjourn for the weekend
the minute she let Harris go, and the jury would have a couple of days
to live with this most unlikely of coincidences. Thank you, Doctor.
That's all.' She turned sweetly to Farrell. 'Your witness.'
But Farrell had barely moved to
get up when Thomasino interrupted.
'Ladies and gentlemen, it's a
quarter to five and I think we've all had a long week. We'll adjourn
now until—'
'Your honor!' There was a
shrillness now to Farrell's voice, an edge of panic. 'Your honor, if
the court pleases, I just have a few quick questions for this witness
and then we can start out fresh on Monday morning. And the doctor won't
have to come back downtown to court,' he added helpfully.
The Judge looked again at the
clock, shook his head no, and whacked his gavel. He told Farrell and
the rest of the room that court was adjourned until Monday morning at
nine-thirty.
Glitsky, Thieu and Jenkins were
at a subterranean table in Lou the Greek's, savoring their moment of
glory. Glitsky and Thieu were nursing iced teas, but Jenkins had a
double martini half-gone and another full one in front of her. It was
Friday, by God, and she'd earned it.
'I love this blood thing,'
Jenkins said. 'Even without the DNA on Banderas, it's pretty strong.'
Glitsky finished chewing some
ice. 'It could always be stronger,' he said, 'but this is good.'
Thieu hadn't been in court, and
as usual wanted to know everything. Glitsky thought if he kept up the
way he'd been going, soon he would. He already knew everything about
everything else.
When Thieu had been filled in, he
said, 'It's a shame old Leo died and got cremated before we knew what
was up. A sample of his blood to compare to what we found at Dooher's
would sink our boy, wouldn't it?'
Jenkins wasn't going to cry over
that spilled milk. 'The story the jury just heard - the missing vial -
that's all we needed. Juries don't believe DNA, anyway. They don't
understand it.'
'Paul does,' Glitsky said. 'I
think he invented it, in fact.'
'What's to understand?' Thieu, in
fact, had no problem with it. 'It's a fingerprint. It's there, it's
you. It's not, not. Am I wrong here?'
'Nope,' Glitsky answered. 'That's
the theory, and a fine one it is, too.' He started to slide out of the
booth, then stopped. 'Oh, Amanda? - in the rush I forgot. The second
chair, Christina? I talked to her at lunch. She didn't know about it.
She's not the motive.'
Thieu leaned forward. 'I was
thinking about that this afternoon, Abe, and she still could be the
motive, even if she didn't know about it.'
Glitsky was shaking his head.
'Not if the two of them didn't have anything sexual going into it.
How's Dooher going to know he can get her, sure enough to kill his wife
for it, risk a trial, all of this? It's too much.'
Thieu shrugged. 'The guy loves
games. Look at Trang, look at Nguyen, the Price woman. This is who this
guy is. I could see him doing it just for the challenge, not
even knowing how it's going to come out.'
With anyone else, Glitsky would
have been tempted to laugh off this idea as too far-fetched, but Thieu
hadn't been wrong very often so far.
'I hope you're wrong,' he said.
'Why?'
'Cause if you're right, it's only
a matter of time before she's next.'
In the defense room, when the
door closed behind them, Christina hung the coat of her suit over a
folding chair and walked to her window as she always did. The winter
night was closing in, and over the Hall across the street, Christmas
lights were coming on in some of the downtown towers.
Now Mark spoke quietly. 'You're
thinking I might have done it after all, aren't you?'
Still facing the night, she was
silent. He slid off the desk and she felt him begin to come up behind
her before she saw his reflection in the window. 'Please,' she said,
'don't.'
He stopped. 'I have no
explanation for the blood, Christina. I don't know anything about it.'
A pause. 'We joked about it at lunch, about it being Wes's finest hour,
but in fact what he said was the truth. The problem with being innocent
is you don't know what happened.'
'Yes. I've heard that a couple of
times now. It's got a nice rhythm to it, as though it's a universal
law, as though it's got to be true.'
'It is true.'
Crossing her hands over her
chest, she barely trusted herself to breathe. Mark stood behind her.
'Christina, we've known about this blood all along. You've known
about it.'
Finally, she turned around. 'All
right, I've known about it, Mark. It's been there all along, no doubt.
I guess I just figured there had to be some explanation, and
eventually it would come out. Well, eventually just happened and
nothing came out.'
He just looked at her.
'What I'd like to know is how a
vial of blood from your doctor's office came to find its way
into your wife's bed.'
'I don't know.'
'You don't know?' With an edge of
despair.
'Don't you think I wish I knew?
Wouldn't it be great if I could make something up, something you'd
believe, that we could tell the jury?'
She didn't trust herself to
answer, to say anything. The silence roared around her.
'I'm going to say a few things,
Christina.' His voice, when it finally came, was strangely beaten down.
She didn't remember ever hearing that tone before. 'I know you'll
probably have thought of most of them, but I'm going to go over them
again, then we'll see where we are.'
He was sitting now, behind her.
She hadn't noticed when he'd moved. She held herself, cold, wrapped in
her own arms.
'The first question,' he began.
'How the vial from my doctor's office got in Sheila's bed. Well,
listen, how do we know that happened? How do we even know blood is
missing? How do we know that, if it is, it ended up at the scene?'
She whirled. 'Don't patronize me,
Mark.'
He shook his head. 'You think
that's it? You think I'm condescending to you? That's the last thing
I'd do, Christina.'
She waited, arms crossed.
'I'll tell you what we don't
know,
and the first thing is that we don't know any blood is missing. How do
we know some lab technician at Harris's didn't just drop a test tube
and not want to admit it? Maybe he's done it before and if it happens
again, he's fired. Maybe Mr Banderas's blood is still sitting at the
lab with the wrong label on it.'
He held up a hand, his voice low.
'I'm not saying it is, Christina. I don't have a clue what is anymore,
but let's go on down with what else could have happened, okay? Look at
what they say they have - a vial of A-positive blood. They don't know
it's Banderas. They didn't run DNA, for Christ sake, did they?
'Why isn't it just as likely that
the police lab here made a mistake? Did you see that guy Drumm? This is
the guy whose testimony's gonna put me away? I don't think so.'
'Maybe there was some of this
EDTA left on the last slide they looked at. Maybe the guy who killed
Sheila had A-positive blood and bled all over the place and the lab
screwed it up. Are you saying people don't make mistakes on blood
tests? And if they did that to begin with, you think they'll admit it
now?'
She was leaning now, half sitting
against the window sill.
'So what's easier to believe?
That the guy who killed my wife got hold of a vial of A-positive blood
and poured it all over the room? Or that the killer just bled?'
'And why -I don't really get this
part at all - why in the world would I -assuming I did all this - why
would I dream up this blood idea at all? What does it accomplish?
You've known me now for almost a year. Am I a moron? If I'm trying to
make it look like somebody else did it, why do I use my own knife, why
do I leave my fingerprints all over it?'
At last he ventured a step
towards her. 'All right,' he said levelly. 'I'll admit at this point
it's
a matter of faith. You can't know. But why do you assume that everybody
else has done their job, that nobody made a mistake, that everybody is
telling the truth except me?'
She raised her eyes. 'I don't
assume that, Mark. I'm trying. I'm listening.'
His shoulders slumped. His face,
for the very first time, looked old to her. Diminished. This was not
arrogance, she was sure, but nakedness. She was looking into the core
of him.
'I didn't do this,' he whispered.
He was not even pleading, which would have made him suspect. 'I swear
to you. I don't know what happened.'
When the doorbell rang, Wes
assumed it was the pizza delivery and buzzed the downstairs entrance.
Opening his door, he stepped out into the hallway to wait. Bart came up
around him, sniffed, and walked to the head of the steps, where his
tail began to wag and he started making little whimpering noises.
'Bart!' Farrell moved forward,
raising his voice. Delivery people got nervous around big dogs. 'It's
okay,' he called out, 'he's friendly. He won't bite.'
The dog started down the steps,
which he'd been trained against. 'Bart!'
'It's okay. He's missed me.' Sam
stopped where she stood, three steps from the top, one hand absently
petting Bart. The other hand clutched a leather satchel which hung over
her shoulder. 'Hi,' she said.
'Hi.' His gut went hollow.
She was wearing a green jacket
with the hood still up, hair tucked into it. Jeans and hiking boots.
Her face was half-hidden, unreadable, looking up at him, and then she
was fumbling with the satchel.
'I wanted to bring you something.'
'We shouldn't be talking, Sam.'
'I'm not here to talk.' She
pulled a red accordion file out of the satchel. 'You need to see
something.'
He knew what he needed to see. He
needed to see her. To have things be back the way they'd started. But
that couldn't happen. They'd come to here, and he was in the middle of
a trial and she was with the enemy. He couldn't forget that, or he
would lose.
'I'm pretty busy right now. I
don't have time to read anything else. I've got about all I can handle,
unless your friend Diane's changing her story.'
Holding the file against her, she
threw back the jacket's hood. Her eyes glistened with rage or regret.
'Wes, please?'
'Please what?'
'This is important. This is
critical. Not just for the trial. For you.'
But she didn't move, and neither
did he. Finally, she nodded, gave Bart another pat, lay the folder down
on the steps, and turned. When she got to the door, she didn't pause -
as he thought she might. He would have a chance then to call out, to
see if... but there was no hesitation at all.
The door closed behind her.
His intention was to leave it on
the stairs. But he didn't do that.
Then, once it was inside, he
decided he would just throw the damn thing in the trash, but he didn't.
He'd read all of the newspaper
and magazine articles about Diane Price, and he'd about had it up to
his earlobes with them. Clearly, the woman was some kind of publicity
hound who'd struck gold with the touching story of the brutal rape that
had cut short her promising future and forced her to a life of drugs
and promiscuity.
Right.
He'd read somewhere that she'd
optioned her life story to some Hollywood outfit, and he thought that
was just perfect. She was a charlatan and a liar and had parlayed a
couple of weeks with his famous client into a cottage industry among
the politically correct. He had nothing but contempt for her and what
she stood for.
But now the accordion folder was
on the milk crate in the other room while he sat at his kitchen table
pretending to go over Emil Balian's testimony about Mark's car as he
chewed on his pizza and drank his second and third beers of the evening.
He kept the radio on low -
Christmas carols. He didn't want to hear any random country music. None
of Emil Balian's story made any more sense than it had the fifth and
sixth times he'd reviewed it. The nosy neighbor didn't know what car
he'd seen on the night of the murder.
The second period of the Warriors
game was like the second period of all basketball games. Farrell was
coming to the opinion that they should change the rules of pro
basketball - give each team a hundred points and shorten the game to
two minutes. You'd wind up with the same scores and save everybody a
lot of wear and tear.
In the end, he swore to himself,
flicked off the tube, then the radio, opened another beer, and sat on
his futon with the folder in his lap, still hesitating.
What did Sam mean, this was for
him, not the trial?
There were a lot of pages. The
first was from a high-school yearbook -Diane Taylor with a beaming
smile, the mortar-board graduation photo, under it the list of
organizations she'd belonged to and awards she'd won -Rally Committee,
Debate Society, Chess Club, Varsity Cheerleader, Biology Club, Swim
Team, Bank of America Science Award, Lifetime Member California
Scholarship Federation, National Merit Semi-finalist.
Wes flipped to the next pages.
More yearbook, the individual photos that showed her as she'd been back
then - vivacious, pretty, popular.
But so what? The newspapers were
filled with file photos of mass murderers who'd looked like this and
done this much in high school. You just couldn't tell. Wes had no
trouble recalling his own high-school yearbook photo - with his Beatle
haircut, he'd been voted 'Best Hair'. Now he was forty-seven percent
bald by actual count. And that alone, he thought, pretty much said it
all about the relevance of high-school pictures.
But he kept going, turning the
pages within the folder, sipping his beer. A change in focus now - from
photographs to Xeroxes of report cards and transcripts. Senior year -
all A's. First semester at Stanford. A's. Second and third semester.
A's. Fourth semester. A B, 2 C's and an incomplete.
So something happened during the
spring semester of her sophomore year. Wes had seen this, too, a
million times. This was - he double-checked the date on the transcript
- 1968. Drugs happened, was what. Martin Luther King got killed. Bobby
Kennedy. The Chicago Democratic convention and Humphrey and then
Richard Nixon. America fell apart. Wes wouldn't be surprised if 1968
set a record for grades going to hell - somebody ought to do a study,
get a government grant. But what did it mean?
It meant nothing. It was yet
another example of a person - Sam in this case - seeing what she was
already disposed to see. He finished his beer and went to get another
one. He should go to sleep.
But something tugged him back to
the futon, to the folder. He owed Sam something, didn't he?
No, he didn't. She was wrong here
and he was right. She had caused him all the pain, not the other way
around. She was still hurting him.
The next stapled group of pages,
forty-two of them, contained Xeroxes of diary entries in a confident
female hand - two to a page, the first eighty-three days of the year,
ending March 23rd.
He read it all. Diane was a
chatty and charming diarist. She was still swimming competitively. She
was taking German, Chemistry, Biology and Western Civ, and she was
worried that they were too easy, that she wouldn't be prepared when she
got to Med School. She had two close female friends - Maxine and Sharon
- and on
March 14th, she'd met Mark Dooher, the first male mentioned in a
romantic context within the pages.
No drugs, no sex. No innuendos
of either.
On March 17th, she went to an
afternoon college baseball game with Mark Dooher. Burgers. A kiss good
night.
The last line on March 22nd. Mark
and I m.o. a little. First boyfriend this year. Whew! Thought it was my
breath.
The last line on March 23rd. Tomorrow
date with Mark. Can't wait.
Wes turned the last page of this
section and frowned. The next stapled section seemed to be more Xeroxes
of diary pages, again two to a page, beginning March 24th, but these
pages had no writing. He flipped through, page by page.
Nothing for seventeen days, where
before March 23rd, Diane had never skipped more than a day. Then, on
April 10th, the handwriting had changed - subtly, but recognizable even
to Wes. It was more cramped somehow, less confident.
Didn 't get out of bed. Too
scared. Seeing everything different now, what people are capable of
now. Since Mark. From that? I'm afraid I'll see him and then
what. I've got to tell somebody. But he said he 'd kill me. I want to
go home, but I can't leave school without saying why, but I can't
think. I can't talk to anybody. God, my mom . . . how can I tell them?
And then another sheaf of blank
pages until June 5th, when, presumably, school got out.
Wes was asking himself why hadn't
he seen this before? Why hadn't Sam given it to Amanda Jenkins? If
she'd done that, Wes would have read it in the discovery documents. But
it hadn't been there.
But what did it mean anyway?
Legally, it was worthless.
Purportedly, this was nothing but copies of pages, maybe from
a diary, of twenty-some years before. The entire package could have
been reconstructed, or originally created, in the past month. In no way
was it evidence.
But, as Sam had said, it wasn't
meant to be evidence. The pages weren't for the trial, they were for
Wes.
On Monday morning at 9:35, Wes
Farrell stood before the witness box in Department 26 and said good
morning to Dr Harris. The two men had had a long talk on Sunday
afternoon, discussing what they would say this morning. Harris had
always liked Mark Dooher - had liked Sheila, too. The police had more
or less set him up to make Mark look bad, and he was more than willing
to try to work some damage control.
'Doctor,' Farrell began. 'On
Friday, you testified that you lost a vial of blood from your office on
May thirty-first. Have you ever located that vial of blood?'
'No.'
'In other words, it's lost.'
'That's right.'
'How did you discover it was
lost?'
'It didn't come back from the lab
when it was supposed to.'
'Oh!' Farrell was intrigued.'This
blood then, was it supposed to go to a lab from your office?'
'Yes. We send our blood work out
to the Pacheco Clinic where they've got a lab facility.'
'Is the Pacheco Clinic far from
your office?'
'No. A mile, maybe a little more.'
'All right, then. Now, Doctor,
how do they keep track of the blood they work on in this lab?'
'We have a requisition slip that
we attach to the vials with tape. Then they fill in a report form for
results.'
'Let's back up a minute, shall
we? You attach your requisition slip to these vials with tape?'
'Yes.'
'What kind of tape?'
'Regular Scotch tape.'
'Scotch tape on glass vials. Hmm.
Is that sticky enough, Doctor? Does the tape ever come off?'
'If the vial gets wet, sometimes,
yes.'
'All right. Did you discover that
this missing vial of blood - Leo Banderas's blood - never got to
Pacheco lab because it wasn't logged in? Was that it?'
'No, not exactly. They're not
logged in as such.'
'So you don't know whether this
vial of blood ever got to the Pacheco lab?'
'No, I don't know.'
'It could have been delivered
there and lost there, isn't that true?'
Jenkins objected to the question
as speculation, and she was sustained, but Farrell thought he'd made
his point anyway. He decided to move along. He turned to the jury and
gave them a relaxed smile.
'Dr Harris, you testified that
you'd lost other vials of blood from your office, is that true?'
'Yes.'
'Many of them?'
Harris thought a minute. 'Over
the years, say three or four.'
'Three or four? Has it ever
happened, to your knowledge, that someone has dropped a vial of blood?'
'Yes.'
'Is this something - dropping a
vial of blood - that could get someone fired if it happened a lot?'
'Possibly.'
'Your honor, objection!
Speculation.'
Again Thomasino sustained
Jenkins, and again Farrell didn't care. He was putting points on the
board.
'Dr Harris, did you have the
opportunity to review the lab report that Mr Drumm signed?'
'Yes, I did.'
'And the blood in the second
vial, was it the blood of your patient, Leo Banderas?'
'I don't know. There was no way
to tell.'
'But the blood in the vial was
A-positive, was it not?'
'Yes. But there was nothing to
compare it with. Mr Banderas died several months ago and was cremated.
There's no trace of his DNA left.'
'So you're saying, Doctor, that
there's no way to tell if the blood in the second vial belonged to Mr
Banderas or not, is that right?'
'Yes, that's right.'
'Then there is no particular
reason to believe that the blood in the second vial, the blood found at
the crime scene, had ever been in your office, is there?'
'No.'
In his free time over the
weekend, when he wasn't chatting with Dr Harris - and amid all
different
kinds of soul-searching regarding Diane Price - Farrell had tried
intermittently to focus on Abe Glitsky. He wished he'd had better luck
formulating a plan, because the Lieutenant was in the witness box now
and Farrell was approaching him and didn't know what he was going to
say. Glitsky's testimony, easily delivered over two hours with Amanda
Jenkins leading him every step of the way, had done some damage. This
was in large part due to Glitsky's air of
authority on the stand - if he had come to suspect Mark Dooher, there
had to be some reason. He was a professional cop with no particular ax
to grind. In fact, he was the Head of Homicide. It looked to him as
though the defendant was guilty. That's why he had delivered Dooher's
case to the DA, and why the Grand Jury had indicted him.
'Lieutenant, you've given us Mark
Dooher's version of the events of June 7th, and then your own
interpretation of those events, which led you to arrest him for the
murder of his wife. For the benefit of the jury, can you tell us a
specific instance of an untruth you uncovered in Mr Dooher's statement
to you on the night of the murder?'
'A great deal of it was untrue.
That's what all these other witnesses are here to talk about.'
'Yes. But do you have any proof
you can show us that Mr Dooher lied? Say a credit-card receipt that
proves he was really buying clothes downtown when he said he went to
Dellaroma's Deli? Anything like that?'
'I have statements of other
witnesses,' Glitsky repeated.
'And the jury will get to decide
who they believe among those witnesses, Lieutenant. But to get back to
my question - now for the third time - do you, personally, have
something you can show us, or describe for us, that proves anything
about Mark Dooher's actions on the night of the murder?'
Glitsky kept his composure,
wishing that Jenkins would object about something. The testimony of the
other prosecution witnesses - taken together - would constitute proof,
he hoped. But he didn't have a smoking gun, and Farrell was nailing him
for it. 'I don't have a credit-card receipt, no.'
'Isn't it true, Lieutenant, that
you don't have anything that proves Mark Dooher told even one
small lie?'
'Not by itself, no.'
'Not by itself or not at all? Do
you have something specific, or don't you?'
Farrell was going to squeeze it
out of him. He glanced at Jenkins. Couldn't she call this speculation
or leading the witness or something? Evidently not.
'No.'
But Farrell wasn't going to gloat
over this minor victory. He simply nodded, satisfied, and took aim at
his next target. 'Now, Lieutenant Glitsky, as the investigator in
charge of this case, did you analyze the reports of the crime-scene
investigator, Sergeant Crandall, and the lab reports on blood submitted
by Mr Drumm?'
'Yes, I did.'
'And yet didn't you hear both of
those gentlemen testify that they found no evidence tying Mark Dooher
to the scene?'
'No.'
A look of surprise. There was
some whispering in the gallery. A few of the jurors frowned and leaned
forward in their seats. Farrell took a step towards him. 'You did not
hear them say that?'
'No, sir. That was a conclusion
you drew.'
This stopped Farrell cold.
Glitsky had maneuvered him into a trap. Crandall's testimony - the
knife, the fingerprints - did not preclude Dooher from being
on the scene. Neither did Drumm's tainted blood.
But two could play this game.
They were going to do a little dance. 'Your honor,' Farrell said,
'would you please instruct the witness to answer only the questions I
ask him?'
The Judge did just that - a
rebuke for the jury's benefit. See? Farrell was telling them,
Lieutenant Glitsky doesn't play by the rules.
Farrell inclined his head an
inch. 'Lieutenant, did you hear Dr Strout identify the kitchen knife,
People's Three, as the murder weapon?'
'Yes.'
'And did you hear Sergeant
Crandall testify that the only fingerprints on the knife belonged to Mr
and Mrs Dooher, and were entirely consistent with normal household use?'
'Yes.'
'And did you also hear Sergeant
Crandall's testimony about the surgical glove found at the scene?'
'Yes, I did.'
'Well, then, Lieutenant, I must
ask you. In your professional opinion, why did Mr Dooher wear this
surgical glove if he knew - as he must have known - that his
fingerprints were already all over the murder weapon?'
'To point to a burglar.'
'To point to a burglar?'
As soon as he'd repeated
Glitsky's answer, Farrell realized it was a critical mistake. Glitsky
jumped on it before he could stop him. 'Without the glove there's no
evidence of a burglar.'
Farrell kept his poker face on,
but these, suddenly, were bad cards. He couldn't let it rest here. 'And
yet, Lieutenant, didn't Sergeant Crandall testify there were no
fingerprints on the glove?'
'Yes.'
'There was absolutely nothing
connecting this glove to Mr Dooher?'
Glitsky had to concede it.
'That's
right.'
Farrell decided that wisdom
dictated a shift of emphasis. This was where, Farrell knew, it was
going to get serious in a hurry, and he took in a breath, slowing down,
coming to a stop in the center of the courtroom. In the jury's eyes,
here was a man wrestling with a moral dilemma.
Finally, he turned back to
Glitsky, having come to his difficult decision. 'Lieutenant, do you
ever wear surgical gloves when you investigate a bloody crime scene?'
Jenkins stood and objected, but
Thomasino overruled her.
The Lieutenant nodded. 'Yes.'
Farrell saw no need to say more.
He had larger prey in his sights. 'In the early portion of this year,
and especially in the latter half of April, did you have occasion to
spend a great deal of time in St Mary's Hospital?'
Jenkins slammed a palm on the
table and was up out of her chair. 'Your honor! I object. What does that
question have to do with the death of Sheila Dooher?'
But this time, Farrell wasn't
going to wait meekly for a ruling. 'I'm afraid it has everything to do
with it, your honor. Its relevance will become clear during my case.
Either I make the point now or I'd like permission to re-call
Lieutenant Glitsky at that time.'
The Judge's eyes were invisible
under his brows. He called a recess to see the attorneys in his
chambers.
Glitsky stayed in the witness
box. There was no place else he wanted to go, anyway. No one he wanted
to talk to.
Across the courtroom, Dooher and
Christina had their heads together, conferring in whispers, their body
language so intimate it was embarrassing. He tried to imagine Dooher
objectively in that moment - a middle-aged white male in the prime of
his life. He kept himself fit. He looked good. And clearly, he could
attract a beautiful younger woman.
Studying him, Glitsky tried to
imagine the moments of rage. Or had it been calm deliberation? How was
it possible that none of it showed? And yet there was no visible sign,
no way to see what Dooher had done except in what he'd inadvertently
left behind.
And yet Glitsky knew.
Dooher looked up, perhaps feeling
the long gaze on him. His eyes came to Glitsky for a fraction of an
instant - flat, completely without reaction, as though Glitsky didn't
exist - and then he was back in his conversation with Christina Carrera.
In the gallery, the huge crowds
from the pre-trial had slimmed somewhat with the judicial rulings on
what issues were going to be allowed, but still, every seat appeared to
be taken, although just at the moment a knot of reporters had congealed
around the bar rail. They smelled a fresh kill coming, and Glitsky was
afraid it was going to be him.
'All right, Lieutenant. Do you
remember the question I asked you, if you'd had occasion to spend a lot
of time in St Mary's Hospital in the spring of this year, around the
time of Sheila Dooher's murder?'
A wary look. 'Yes.'
'How many days?'
'I don't know exactly. Thirty or
forty.'
Farrell was damned if he was
going to ask why and get the sympathy flowing for what Glitsky had gone
through. His wife had been dying of cancer. The jury didn't need to
know that. For Farrell, this was a tough moment - personally he felt
for Glitsky's grief. But so be it. He had to have the testimony.
'Were you a patient or a visitor
there, Lieutenant?'
'A visitor.'
'And during those thirty or forty
days, were you ever near a nurse's station?'
'Yes.'
'Did you ever witness blood being
drawn?'
Glitsky knew where this was
going, and cast a cold eye on Jenkins. But the attorneys must have
slugged this one out in chambers. The cavalry was not on the way.
'Yes.'
'Do you remember ever seeing any
vials of blood, sitting out on a tray, or a table, or at a nurse's
station?'
'Yes.'
'And were these vials guarded in
any way? Or under lock and key?'
'No:
'All right. Thank you,
Lieutenant. That's all.'
Lunch was a somber affair.
A fierce, cold, wet storm had
blown in off the Pacific while Glitsky had been on the stand during the
morning, and Christina was standing at her window, watching the rain
slanting down while her two companions sullenly finished their take-out
Chinese.
She'd flown down to Ojai on
Saturday morning, back again last night. She'd needed to get some
perspective, get out of the glare of all of this. To a degree, it had
worked.
But now the heaters had come on
and smelled musty in the tiny room, and Mark and Wes still hadn't
gotten back to the people they'd been before she'd kissed Mark on his
doorstep.
That kiss had changed Wes
profoundly. In spite of his skills in the courtroom, he appeared more
distracted with every passing day, more upset with her and, especially,
with Mark.
She wanted to shake Wes out of
his doubts. She'd had her round of them on Friday, all about the blood.
Glitsky's testimony had opened up another whole universe of possible
explanations. Doubts had to be part of it - if the prosecution didn't
have some decent facts, it wouldn't get cases past the Grand Jury. And
hadn't Wes been the one who'd drilled into her the notion that the
facts aren't as important as how you interpret them? Why couldn't he
see that now?
She knew what was bothering Wes.
This case wasn't about the facts to him. It was about his confidence in
Mark. And the kiss had undermined that.
She turned from the window, about
to say something, try to lighten things up, but just then the cop from
the Hall knocked and said they were reconvening.
Emil Balian had dressed well, in
a conservative dark suit with a white shirt and rep tie. Amanda Jenkins
had paid for his haircut, which eliminated the unruly shocks of white
hair which normally emanated, Einstein-like, from the sides of his
scalp. Most importantly, Glitsky thought, he'd shaved, or someone had
shaved him. Abe thought, all in all, he looked pretty good
- respectable, grave, old.
Abe had met Balian on the day
after the murder. With Paul Thieu, he'd gone back to the scene early in
the afternoon and there was an elderly man in plaid shorts and Hawaiian
shirt standing in the driveway. 'Saw all about it on the television,'
he said without preamble as they'd gotten out of their car. 'You guys
the cops?'
Balian introduced himself, saying
he lived a couple of blocks over on Casitas. So this was the place,
huh? Too bad about the lady. He'd known her a little. He knew just
about everybody, which was what happened when you walked as much as he
did. You got to know people, stopping to chat while they worked on
their gardens or brought in groceries or whatever.
Emil worked for forty years as a
mail carrier and just got in the habit of walking, plus he had a touch
of phlebitis and he was supposed to stroll three or four miles a day,
keep his circulation up.
Balian wasn't shy. He talked
incessantly, telling Glitsky and Thieu all about his life in the
neighborhood. He bought into St Francis Wood back when a working man
could afford a nice house. Eleanor, his wife, had a job, too - and this
was in the days before women worked like they do now. They hadn't had
any children, so pretty much had their pick of neighborhoods. Money
wasn't much of a problem back then, not like it is now being on a fixed
income.
During this extended recital,
Glitsky kept trying to back away, get to the house. He knew they were
going to have to canvass the area sometime for witnesses anyway. He was
reasonably certain that this old man was talking for the sheer pleasure
of hearing himself talk.
But it turned out better than
that.
Jenkins crossed the floor and
came to rest a couple of feet in front of the witness box. 'Mr Balian,'
she began, 'would you tell us what you did on the evening of June 7th
of this year?'
'I sure will. I had supper with
my wife, Eleanor, at our home on Casitas Avenue, and after supper, like
I always do, I went out for a walk.'
'And what time was this?'
'It was just dusk, maybe a little
before, say eight o'clock, thereabouts. We always eat at seven sharp,
used to be six, but about ten years ago we went to seven. I don't know
why, really, it just seemed more civilized or something. So it was
seven.'
'So to get the timing right, was
it seven o'clock when you began dinner, but near eight when you started
your walk?'
'That's right.'
'Was there any other way you
could mark the time? Did you check your watch, anything like that?'
'No, I don't usually wear a
watch. In fact, I don't ever wear a watch. After I retired, I
said what do I need a watch for anymore and threw the old thing in my
drawer ...'
'Yes, well, was there any other
...?'
'The time. Sure. As I said, it
was near dusk. When I left it was still light out and when I got back
home, maybe an hour later, it was dark. While I was out, the
street-lights came up, so that ought to pinpoint it.'
'Yes, it would, thank you.'
Jenkins turned back to where
Glitsky sat at the prosecution table and he gave her a reassuring nod.
The way Balian answered questions drove Amanda crazy, and she didn't
want to lose patience with him. After all, he was her witness, the
backbone of her case. She took a breath, turned and faced him again.
'All right, Mr Balian. Now on
this walk, did you happen to notice anything unusual?'
'Yes, I did. There was a
different car parked out in front of the Murrays'.'
'A different car. What do you
mean?'
'I mean the Murrays don't own
that car, or else they just bought it, so I wondered who it was might
be visiting them, was how I come to notice it.'
'Can you describe the car, Mr
Balian?'
'It was a late-model, light-brown
Lexus with a personalized license plate that read ESKW.'
Jenkins entered a photograph of
Dooher's car into evidence. The vanity plate was meant to be sort of a
humorous rendering of ESQ, for Esquire - Dooher's advertisement that he
was a lawyer.
'And what street was this car
parked on?'
'Down the end of my own street,
Casitas.'
'Which is how far from Ravenwood?'
'Two blocks.'
'And did you ever see this car
again?'
'I sure did. The very next day,
which was how I remember it so clear.' Balian was getting caught up in
his story, enthusiasm all over him. Glitsky knew that this was where he
tended to embellish, and hoped Jenkins would be able to keep him reined
in.
'And where did you see this car?'
'It was parked in the driveway at
4215 Ravenwood Street. That's why I was still standing out front when
the police got there the next day. I thought I'd go by and see the
house where there'd been the murder- it was all on the TV - and there
was this same car the next day in the driveway, so I was looking at it,
wondering what the connection was.'
Farrell got his blood up when it
was time to perform. Leaning over to both Dooher and Christina as
Jenkins handed him the witness, he whispered, 'It's almost unfair.'
He rose slowly and made a little
show of pretending to be reading something from a file in front of him,
getting his questions down. From the table, finally, he raised his head
and smiled at the witness. 'Mr Balian. On the night we've been talking
about, June 7th, before you took your walk, you had dinner with your wife at your home. Do
you remember what you had for dinner that night?'
At the opposite table, Christina
saw Glitsky and Jenkins exchange a look. They must have known what
would be coming, but that didn't make it any easier to sit through.
On the witness stand, Emil Balian
crossed his arms and frowned. 'I don't know,' he said.
Farrell looked down at the file
before him again and creased his own brow. 'You don't know? And yet in
your second interview with the police, didn't you tell Lieutenant
Glitsky that you'd had corned beef and cabbage for dinner on that
night?'
'I think I said that, yes, but—'
'I've got the transcript of that
interview right here, Mr Balian. Would you like to see it?'
'No, that's all right, I know I
said it.'
'But in a later interview, were
you as sure of what you had for dinner?'
Balian nodded. 'Not really. But
that was a week or so after I first talked to the police, and Eleanor
reminded me she thought we'd had pork chops and applesauce that night,
Tuesday, if it was going to be important. The night before was corned
beef. It doesn't have anything to do with the car,' he added petulantly.
'Do you remember now which
dinner it was, the corned beef or the pork chops?'
'No. I'm not sure.'
Farrell put his pad down and
walked around the table, out into the center of the courtroom. 'Mr
Balian, would you have had a drink with either of these dinners? Let's
say the corned beef?'
'Usually with corned beef, I'd
have a beer.'
'One beer? A couple of beers?'
'Sometimes a couple of beers.'
'And how about pork chops? Would
you have a drink with pork chops?'
'Sometimes. White wine.'
'A glass or two?'
'Yes.'
'But on this night, you don't
remember what you ate or if you had anything to drink exactly, do you?'
'Not exactly, no.'
'You do admit, however, that you
probably had a couple of drinks - that was your habit with meals -
regardless whether it was corned beef or pork chops.'
'That's the first thing I said,
wasn't it? That I didn't know?'
'Yes, it was, Mr Balian. That was
the first thing you said, that you didn't remember what you'd eaten.
But now, let's get on with what you say you do remember, the
car with the ESKW license plates. You saw this car parked on your
street on Tuesday night, June 7th?'
On more solid ground for a
moment, Balian settled himself in the witness chair. He loosened his
collar at the knot of his tie. 'I did. It was in front of the Murrays'
house.'
'And where were you? Did you walk
right by it?'
A pause. 'I was across the
street.'
'Across the street? Did you cross
over to look at this car more carefully?'
'No. I could see it fine. I
didn't study it or anything. I just noticed it, the way you notice
things. It wasn't a car from our street.'
'Okay, fair enough. Is Casitas a
wide street, by the way?'
The petulance was returning.
'It's a normal street, I don't know how wide.'
Farrell went back to his table
and turned with a document in his hand. He moved forward to the witness
box. The questions may have been barbed, but his tone was neutral, even
friendly. 'I have here a notarized survey of Casitas Avenue' - he had
it marked Defense E - 'and it shows that the street is sixty-two feet
from side to side. Does that sound right, Mr Balian?'
'If you say so.'
'But you had to be more than
sixty-two feet away when you saw the license plate that read ESKW,
isn't that true?'
'I don't know. Why?'
'Because you couldn't read the
plate from directly across the street, could you?' Balian didn't answer
directly, and Farrell believed the question might have struck him
ambiguously. So he helped him out. 'From directly across the street,
you'd only see the side of the car, wouldn't you? You would have had to
have been diagonal to it to see the license plate, isn't that so?'
'Oh, I see what you're saying. I
guess so. Yes.'
'Maybe another ten, twenty,
thirty feet away?'
'Maybe. I don't know. I saw the
car ...' Balian paused.
'So how far were you from the
car, Mr Balian? More than sixty feet, correct?'
'I guess.'
'More than eighty feet?'
'Maybe.'
'More than a hundred feet?'
'Maybe not that much.'
'So perhaps a hundred feet, is
that fair?' Farrell smiled at him, man-to man. There was nothing
personal here. 'Now, when you saw this car from perhaps a hundred feet
away—'
'Objection.' Jenkins had to try,
but she must have known the objection wasn't so much for substance as
it was for solidarity. Her witness was beginning to shrivel.
Farrell rephrased. 'When you saw
this car from across the street, was it at the beginning of your walk
or more toward the end of it?'
'The end of it. I was coming
around back to my street.'
'And so the street-lights were
on, were they not?'
After another hesitation, Balian
responded about the street-lights. 'They had just come on.'
'They had just come on. So it was
still somewhat light out?'
'Yes. I could see clearly.'
'I'm sure you could, but I'm a
little confused. Haven't you just testified that you walked for an
hour, and when you got back to your house, it was dark? Didn't you tell
that to Ms Jenkins?'
'Yes. I said that.'
'And this street you live on -
Casitas - is it a long way from the Murrays' house, where you saw this
car, to your own home?'
'No. Seven or eight houses.'
'And did you continue your walk
home after you saw this car in front of the Murrays'? You didn't stop
for anything, chat with anybody?'
'No.'
'And you've said it was dark when
you got home?'
'Yes.'
'Well, then, I'm simply confused
here - maybe you could explain it to us all. How could it have been
light, or as you say, just dark, when you were seven or eight houses up
the street?'
'I said the lights were on.'
'Yes, you did say that, Mr
Balian. But you said they were "just" on, implying it was still light
out, isn't that the case? But it wasn't light out, was it? It was, in
fact, dark.'
'I said the street-lights were
on, didn't I?' he repeated, his voice now querulous, shaking. 'I didn't
tell a lie. I saw that car! I saw the license plates. It was the same
car I saw the next day.'
Warfare, Farrell was thinking. No
other word for it. He advanced relentlessly. 'And it was a brown car,
you said, didn't you? You knew for sure that the car you saw the
previous night had been brown because it had the same license plates.'
'Yes.'
'When you first saw the car that
night, could you tell it was brown in the dark?'
'What kind of question is that?
Of course it was brown. It was the same car.'
'Couldn't it have been dark blue,
or black, or another dark color?'
'No. It was brown!'
Farrell took a moment regrouping.
He walked back to the defense table, consulted some notes, turned.
Then. 'Do you wear glasses, Mr Balian?'
The witness had his elbows
planted on the arms of the chair, his head sunken between his
shoulders, swallowed in the suit. 'I wear reading glasses.'
'And you see perfectly clearly
for normal activities?'
'Yes.'
Twenty-twenty vision?'
Another agonizing pause. 'Almost.
I don't need glasses to drive a car. I've got fine vision, young man.'
'For a man of your age, I'm sure
you do. How old are you, by the way, Mr Balian?'
Chin thrust out, Balian was proud
of it. 'I'm seventy-nine years old, and I see just as good as you do.'
Farrell paused and took a deep
breath. He didn't want Balian to explode at him, make him into the
heavy, but he had to keep going. A couple more hits and it would be
over. 'And then the next day, at what you knew was a murder scene, you
saw a similar car in a driveway to the one you'd seen the previous
night, in the dark, after you'd had a couple of drinks, and Lieutenant
Glitsky showed up and suddenly it seemed it might have been the exact
same car, didn't it?'
'It was the same car!'
A subtle shake of the head,
Farrell indicating to the jury that no, it wasn't. And here's why.
'When was the first time you talked to police, Mr Balian?'
'I told you, the next day.'
'And Lieutenant Glitsky asked if
you'd seen anything unusual in the neighborhood, right?'
'Right.'
'And you told him about the car,
and Lieutenant Glitsky pointed to the brown Lexus parked in Mr Dooher's
driveway, and asked you if that was the car, didn't he?'
'Yes.'
'And it looked like the car,
didn't it?'
Balian sat forward, tired of all
this. 'I'm pretty sure it was the same car.'
Farrell nodded. 'You're pretty
sure. Thank you.'
One of Archbishop Flaherty's
predecessors had organized The Corporate Santa Claus Party to give a
year-end tax incentive for businesses to help provide toys, games,
clothes, and various other Christmas presents for the underprivileged
children in the city and county of San Francisco. This year the St
Francis Yacht Club was hosting the event, which was the society set's
unofficial launch of the season's hectic party schedule. Over 300
guests - the cream of the city's business community - had gathered for
an evening of dining and dancing to big-band music.
Mark Dooher, in his tuxedo, was
in his element, among friends. The room, like the people in it, was
elegantly turned out. Dessert and coffee had been cleared away and the
band had kicked into what some guests had decided was a danceable
version of Joy to the World.
Christina had been amazed and
gratified by the volume and apparent sincerity of expressions of
support and sympathy for Mark. Now they were alone at their table. She
held his hand under it.
'Look at Wes,' she said to Mark.
'It looks like he's finally having some fun.'
The bark of Wes Farrell's
laughter carried across the room, even over the band. Everybody who
wanted to buy Wes a drink had succeeded, and he wasn't feeling much
pain.
Dooher looked over benevolently.
'He deserves it. He's been doing a hell of a job, but the guy's been
killing himself. I didn't really know - even knowing him my whole life
- that he had all that fight in him. I think he's going to have himself
a career after this.'
Christina squeezed his hand, was
silent a moment, then said, 'I don't know if I am.'
Surprised, he looked at her.
'What do you mean?'
She shrugged. 'I don't think this
is the kind of law I want to do.'
'Why not? You're getting an
innocent man off. Don't you feel good about that?'
'Sure, I feel great about that.
But how it has to be done.' Her free hand reached for the salt shaker
and poured a small pile of it on to the linen, then traced circles with
what she'd poured. 'Last night I couldn't get my mind off poor Mr
Balian, how he looked when Wes got finished with him. And bringing up
that stuff with Lieutenant Glitsky ... I know it has to be done. They
got it wrong, but—'
'I can't tell you how much good
it does me to hear you say that again. I thought you'd given up faith
in me.'
Again, she squeezed his hand.
'You were right,' she said. 'It is faith. There's unanswered questions
about almost everything else in life. It's just here they seem so
ominous.'
'I know. Sometimes, the past
couple of months, they almost had me thinking I did it after all. I
mean, I remembered being at the driving range. I remember coming home
and finding Sheila. But when I first heard about Balian, or the blood,
I wondered where those things could have come from. Maybe I blanked,
went sleepwalking, something. Maybe I did it.' He squeezed her hand.
'But I didn't. I can't blame you for having your doubts.'
'It's just so hard to see these
other people - Glitsky and Mr Balian and Amanda Jenkins - doing what
they do. I have to think they really believe they're right.'
Dooher was silent for a moment,
wrestling with it. 'People get committed to their positions. Glitsky
got himself committed, and he sold it to Jenkins. I think that's what's
got us to here. But we can't let them ruin our lives. We've got to
fight back. That's the world, Christina. Misunderstandings. I don't
know if people are malicious -I don't like to think so. But sometimes
they're just wrong, and what are we supposed to do about that?'
'I know,' she said. 'But seeing
Wes take them apart, that's hard for me. And if we do get to this Diane
Price as one of their witnesses, it'll be me up there, and it will
feel personal, and I don't know if that is me.'
'You'll do
fine.'
But she was shaking her head.
'No, not that. I'm not worried whether or not I can do it. I
know what I'm going to be asking her - I've rehearsed it a hundred
times. As you guys say, I'll eat her for lunch. But I have to tell you,
I'm not comfortable with it. This isn't what I feel I was born to do.'
He covered her hand with both of
his, leaned in toward her. 'What do you think you were born to do,
Christina?'
'I don't know really. Something
less confrontational, I guess. There must be something in the law—'
'No,' he interrupted, 'I don't
mean with the law. I'm not talking about your professional life. You'll
do fine there, whatever you decide. I mean you personally. What were
you born to do?'
Her finger went back to spreading
the salt around. The band finished one song and started another. 'I
don't know anymore, Mark. I don't think about that.'
'But you used to know?'
She shrugged. 'I used to have
dreams. Now . . .' She trailed off, biting down on her lip. 'It's
stupid. You grow up and all the variables have changed and what you
thought you wanted isn't really an option anymore.' She met his eyes.
He raised her hand and turned her
palm to him, kissing it gently. 'You're thinking an old man like me -
hell, nearly fifty, there's no way I'd want what you used to think you were
born for ...'
'I don't. ..'
He touched her lips with his
index finger. 'Which is babies, a family, a normal life like your
parents have, is that it? Is that what you used to think you were born
for?'
She pressed her lips together.
Her eyes were liquid with tears, and she nodded.
'Because,' he said, 'we could do
that. We could have all the kids you want. I didn't do so well the
first time around, maybe we could both start over. Together.'
She leaned her head in against
his. He brought his arms up around her and felt her shoulders give.
Holding her there against him, he whispered, 'Whatever you want, it's
do-able, Christina. We can do it. Whatever you want. Anything.'
Nat Glitsky left a message for
his son at Homicide, then braved the new storm that had just arrived
air mail from Alaska. He got to Abe's duplex, where he told Rita she
could take the night off. He was driving his three grandsons downtown
where they were going to meet their father at the Imperial Palace in
Chinatown for dim sum, Nat's treat.
It had been a tough-enough year
for the family, and after Abe's testimony at the trial, Nat's personal
seismograph - sensitive to these things - had picked up rumblings with
the boys that made him uncomfortable. Now they were all on the first
round of pot stickers. Their father hadn't shown up yet, and the
rumblings were continuing. 'What I don't get,' Jacob was grousing, 'is
no matter what time we plan something, Dad's late, even if it's like
five minutes from where he works.'
'Your old man's busy, Jake, he's
in the middle of a trial on top of his regular job.' But it bothered
Nat, too, and checking his watch every five minutes, he wasn't entirely
successful at hiding it. 'He'll be here. He's coming.'
'So's Christmas.' Isaac really
wasn't saying much lately. His mother's death had carved out a hole in
his personality where the kid used to be, and now a sullen, gangly,
hurt teenager glared across the table at his grandfather. Isaac was the
oldest and having the worst time of it, but in Nat's view none of the
boys was doing very well.
A waitress came by, as one of
them did every couple of minutes, with a new selection of foods - all
kinds of sticky buns, chicken, beef and pork dishes, various seafoods
(Nat didn't keep Kosher all the time), vegetables and noodles, each
served on a small white plate, a pile of which were accumulating
quickly at the side of the table. At the end of the meal, the waiters
would count the plates and compute the cost - simple and efficient.
'So you been reading about your
father in the newspapers?' Nat wasn't going to side-step into it. He
knew what the undercurrent was about and knew there wasn't any solution
except to talk about it. But none of the boys answered, so he persisted. 'You
taking grief at school?'
O.J., sitting next to Nat, was
the youngest and looked across the table to his older brothers for
cues, but they were pretending to be busy peeling aluminum foil from
some chicken wings, so he piped up. 'I don't think Dad's a liar. I
don't think he cheated.'
'Shut up, O.J.,' Jacob said.
'He's doing what he's got to do, that's all. He's a cop. It's not the
same.'
'What's not, Jake?'
'The rules.'
Nat didn't like hearing that.
'Your dad's not breaking any rules, Jake. He's got the same rules as
everybody else.'
Isaac snorted. 'You read the
newspaper, Grandpa? You watch any television?'
'Yeah, I've seen it.'
'Well?'
'Well, what?'
'Well, what do you think?'
'I think this man Dooher killed
his wife and he's got a smart attorney. Your dad arrested him because
he thought he did that. You know he didn't take any blood from the
hospital.'
Isaac looked down, unconvinced.
Jacob spoke up. 'It doesn't really matter, Grandpa. Everybody thinks he
did.'
'Not everybody,' Nat said. 'I
don't. You boys shouldn't. Anybody starts telling that stuff to you,
you tell them they're full of baloney.'
'But why do they keep
saying
it?' O.J. wanted to know.
'Because people don't
know your father. And
people do know, or they like to believe, that there are cops out there
who do bad things, who cheat and lie and plant evidence so they'll win
their cases. But that's not your father. You guys gotta believe in your
old man. He's going through a hard time right now, just like you all
are. You got to help him get through it.'
But Isaac was shaking his head,
disagreeing. 'Why? He doesn't help us with anything. He's gone in the
morning, gone at nights, gone on the weekends. Work work work, and he
dumps us off on Rita. He just doesn't want to be with us. It's obvious.
We remind him of Mom.'
'If he did,' Jake added,
'he'd be here.'
O.J. was having a hard time
holding back tears. 'I just wish Mom would come back. Then we wouldn't
even need Dad. Then it would be all right.'
Nat reached out a hand and
put it over his youngest grandson's. 'You do need your dad, O.J. Your
Mom really isn't coming back.'
'I know,' he said. 'Everybody
always says that.' His voice was breaking. 'I just wish she would,
though.'
'I don't think we do need Dad,
Grandpa,' Isaac said. 'I mean, look right here. Where's Dad now? Who
cares? We're taking care of each other. Quit crying, O.J.'
'I'm not crying.'
'Leave him alone, Isaac.' Jacob
pushed at his older brother. 'He can cry if he wants to.'
'I'm not crying, you
guys!'
'Shh! Shh! It's okay.' Nat smiled
at the customers around them who were looking over at the disturbance.
'Let's try to keep restaurant voices, all right? Oh, and look, here
comes your dad now.'
Eleven o'clock, Glitsky's kitchen.
'Abraham, they need you.'
'Everybody needs me, Dad. I'm
sick to death of people needing me. I don't have anything to give them.'
'Just some time. That's all they
need. Some of your time.'
'I don't have any time. Don't you
understand that? Every minute of my days and nights...'
'But this is your own blood. You
signed on for this.'
'Not this way I didn't!'
'Any way, Abraham. They didn't
ask to be here either, not like this.'
Glitsky stopped pacing and
lowered himself on to the ottoman which filled the centre of the small
room. His dad leaned against the refrigerator. The two men's voices
were low and harsh. They didn't want to wake Rita, sleeping in the dim
light of the Christmas tree in the next room.
'You know what went on in this
trial today, Dad? To me? You have any idea?'
'Of course.' Nat touched his
brow. 'You think I've got Swiss cheese up here? But you know what's
going to happen in the next couple of months here, Abraham,
you don't start paying attention? You're going to lose these boys. Now
which is more important?'
'I'm not going to lose them.'
Nat shook his head. 'Were you
listening tonight? They're losing sight of you, son. They read about
you in the newspaper, they hear bad stories on the tube. How do they
know what to think?'
'They know,' Glitsky said.
'They've got level heads. They know me.'
'This, Abraham, is malarkey. They
don't know anymore, not for sure. Jacob tonight said you don't have the
same rules as everybody else. Is that your message? Is that what you
want to teach them?'
'He doesn't think that.'
'He said it. You gonna say he
didn't mean it? It sounded like he meant it. He needed some answer for
his friends saying you broke the rules, so that's what he came up with.
You're allowed to - because you're a cop.'
Glitsky hung his heavy head.
After a minute, he raised it again. 'Lord, Dad, I'm tired. When's this
Dooher madness going to end? I keep thinking if I could just find more
evidence, something that's not ambiguous... because otherwise, he's
gonna walk. We're going to lose.'
Nat pulled a kitchen chair up in
front of his son. 'So then he walks, Abraham. It's not the end of the
world. It's one bad man, that's all.'
'But it will look like me, don't
you see? It will look like all the accusations against me are true.'
'Which they're not. The people you work with, they know that.'
Glitsky barked a short,
humorless
laugh. 'That's a beautiful theory, Dad, it really is. But the truth is
this could be the end of my credibility.'
'First, you won't lose your job,
Abraham. Even if you do, you'll do something else.'
'But I'm a cop, Dad. That's what
I do, it's what I am.'
Nat shook his head. 'Before
you're a cop, you're a father. After you stop being a cop, you're a
father.
Your boys, especially now, they need a father.This is your main job.
The rest,'
he shrugged, 'nobody knows the rest.'
There was a rush to winning, no
doubt about it.
Wes was still at the bar at the
Yacht Club, pounding some more Yuletide cheer. Mark had prodded him
into coming along. The public appearance would be important, he'd said,
especially for after the trial.
Yesterday, after Wes had
continued his onslaught against the prosecution, taking apart Emil
Balian on the stand, the television news had picked up on him, on the
'brilliant' defense he was conducting. This morning's Chronicle headline
had read: Key Prosecution Witness Founders in Dooher Case. The
pundits were unanimously calling for a quick verdict of Not Guilty, and
Wes was enjoying the celebrity.
Suddenly the world seemed to
understand that Wes Farrell was in fact the champion of the underdog
and a tiger of a defense lawyer. After five months of tedious trial
preparation, hours upon days spent studying transcripts and analyzing
evidence in his dingy office or his dirty apartment, after the breakup
with Sam and the doubts about his friend, now at last he was getting
some recognition for who he was, for what he did - the sweet, sweet,
sweet nectar of success that had eluded him for so long.
It was nearly one o'clock and the
party was basically over. The staff was folding up tables behind him.
The band was breaking down. Wes was alone at the bar just enjoying the
living hell out of his sixth or seventh drink, thinking that maybe it
had all been worth it, after all.
Christina and Mark had taken the
limo home, and he'd need to get a cab later, but that was all right. He
wasn't quite ready to call it quits yet.
Mark - his old pal - had been
right about coming down for this party. Mark and Christina might have
opened a few eyes when they walked in, but it was he, Wes Farrell,
who'd been the sensation. Everybody had read the paper today, watched
the news over the past nights. Front page, thank you. Yes, it appeared
he was winning, winning, winning. Kicking ass, taking names.
Jocko, behind the bar, had become
his close personal friend. Imagine, Wes Farrell the working-class guy
here all buddy buddy with the bartender at the St Francis Yacht Club.
In his wallet, Farrell had at least half a dozen business cards of
people he should call, who might know some people who'd need his services. Where had he
been hiding, they all wanted to know.
He felt a hand on his shoulder
and the Archbishop of San Francisco was asking Wes if they could have a
nightcap together. Wes was finally, after a lifetime of mediocrity,
moving into Dooher's circle. God, it was intoxicating!
And certainly one more drink,
with Jim Flaherty, wouldn't hurt - a little more of that Oban single
malt. They touched their glasses together. 'Great party, Your
Excellency. I hope you raised a million dollars.'
'Three hundred and ten thousand
in
pledges,' he said. 'A new record. This is such a generous city.'
Flaherty savored his drink. 'It looks like you had a pretty fair night
yourself. I saw you holding court in here most of the evening. You're
going to get Mark off, aren't you?'
'It looks like it. I don't want
to jinx it, but we've certainly got them on the run.'
The Archbishop sighed. 'How did
it even get to this?'
Farrell looked sideways at him.
'It's bad luck to make enemies in the police department. Glitsky's a
bad cop.'
'Who just got promoted.'
Again, a sidelong glance. What
was Flaherty getting at? He couldn't figure it exactly, so he shrugged.
'He's black. It's his turn.' Then, on a hunch, the new Farrell blurted
it right out. 'You having doubts?'
'About Mark? Never. It's just the
accusations. You can't help but have them affect your view a little,
can you?'
'No, I don't think so. I've had a
few myself - doubts - tell the truth. You wonder how many other cases,
witnesses show up out of the woodwork who say they saw something, or
heard it, or smelled it. What is it, power of suggestion?'
'I think it must be.' The
Archbishop sipped his drink.
'Your Excellency,' Farrell said
quietly. 'You're not getting cold feet about testifying for us, are
you?'
'No, of course not.'
'Good, because I don't know if
we're going to need you, but if we do, I wouldn't like to open the door
and then have it close on us.'
'No, I understand.'
They both stared out through the
rain-pocked glass. Faintly, they heard the wind as it pushed the
cypresses nearly to the ground.
'Lousy night out there, isn't
it?' Flaherty said. Then, 'You know, when this is over and Mark is
found Not Guilty, we ought to try to make this up to him somehow. First
he loses his wife, which is horrible enough, then the burden of this
trial. He's been through the wringer. I don't know how he's surviving.'
'Well, Mark's a survivor.'
'Plus, he's in love again, I
think.'
Farrell sipped his drink and
nodded. 'You noticed,' he said laconically. 'Though I suppose if you've
got to be in love with somebody, she'd do.'
'Although the timing could be
better, couldn't it?'
Farrell agreed that it could.
Sitting together at the bar, each harboring his thoughts, the two men
sipped at their drinks. The ship's bell behind the bar chimed once, and
Jocko said it was last call.
'No, I'm good,' Farrell said, and
asked the bartender to call him a taxi.
Bill Carrera wasn't sleeping. His
daughter's visit the previous weekend had brought to a head the fear
that he had been living with since finding out she'd joined up with
Dooher's defense team.
So now, downstairs, looking out
over the few remaining lights that remained on at this hour in Ojai, he
sat in his deep wingchair, the one he called his Thinking Chair. In
spite of the fact that Bill was the kind of man who named things - his
Bronco was Trigger, for example; his tennis racket was Slam - he was
not without intelligence or insight.
And he was worried sick about
Christina.
The light came on in the hallway
and after a minute he felt a hand on his shoulder, Irene saying, 'You
should have just got me up. How long have you been down here?' She came
around and sat on the arm of the chair.
'Forty-five minutes, an hour.'
He was suddenly aware of the
ticking of the grandfather clock, and then his wife said, 'She wouldn't
be with him if she thought he did it, Bill.'
'I'm not worried about whether she
thinks he did it. I'm worried about if he did it.'
'I think we have to trust her
judgment on this.'
'Like with Brian? With Joe Avery?'
'Come on, Bill, don't start that.
They were different.'
'But not so very different, were
they? I wonder if we've failed her somehow, that she can't—' He stopped.
'It's not her. She hasn't met the
right man.'
'And Mark Dooher's the right man?
God help us.'
'Bill! We haven't even met him
...'
'But he's on trial for killing
his wife, hon! I'm sorry, they don't usually get to there unless...'
'Usually.'
He took a breath and let it out.
'Jesus. So what are we supposed to do?'
Irene draped her arm over his
head. 'Stand by her, I think, don't you? Hope she finally gets happy.
Hope he's found Not Guilty.'
'But that's just the law. How do
you ever really believe it after all this?'
'I don't know if you do. But if
he's found Not Guilty, we've got to support them. Don't you think that?'
'I don't know. I don't understand
why her life changed, how it got so complicated and sad. It just breaks
my heart.'
'Mine, too.' She sighed. 'Which
is why we've got to be with her, Bill. If it's right, if finally this
Mark Dooher can make her happy.'
But he was shaking his head.
'People don't make other people happy. People make themselves happy.
That's what I'm worried about.'
She tugged at his hair gently.
'You make me happy.'
'No, you were happy when I met
you, and we get along. We're lucky. Christina's got to decide that it's
up to her. She's still thinking it's all centered, one way or another,
around some man. And it's not.'
'It is for me,' Irene said. 'It
really is. Maybe I'm not a highly evolved life form, but I believe
choice of mate is relatively important in the scheme of things. And
that's why I'm going to embrace them if it all works out, and do
everything I can to see that it does. And you should, too.'
On Wednesday afternoon, Amanda
Jenkins rested for the prosecution, having never really recovered - or
established - her momentum. She had called all of her witnesses.
The maintenance man at the San
Francisco Golf Club had shown the jury the cyclone fence by the end of
the parking lot. It had a large hole in it.
Jenkins had trotted out Paul
Thieu and the Taraval cops and the next-door neighbor, Frances Matsun,
who (it turned out) had never gotten along with Mark Dooher very well,
and who hadn't actually seen him screw the lightbulb from on to off at
all.
On cross-examination, Farrell
clarified it - Dooher had reached up, fooled with it, done something.
It looked like he might have unscrewed it.
Jenkins tried not to show it, but
it was clear to Glitsky that she'd been beaten down by the relentless
barrages that Farrell had launched against her witnesses. She was still
trying to believe that the blood alone would be enough to convict and,
further, that Emil Balian had convincingly put Dooher near the scene.
It was a brave front: Jenkins pretending that the jury would come back
with a Guilty verdict, especially if they got to call Diane Price on
rebuttal, if they could get her to paint the picture of a very
different Mark Dooher. Glitsky admired her for not crumbling in public,
but she was getting killed and everybody knew it.
Certainly, the newspapers and
television had reached their verdict. This morning, driving to work,
Glitsky had heard his name on the radio while he'd been
channel-surfing, and had forced himself to listen to his friendly local
conservative radio talk jock who opined that the decision to bring Mark
Dooher to trial at all on such shoddy evidence was an example of
affirmative action's failure in the halls of the city. Glitsky, a
black, and Jenkins, a woman, had been promoted beyond their levels of
competency, and let's hear from you callers out there who think we
ought to put an end to this nonsense and get back to hiring and
promoting on merit alone.
The current had shifted.
Nevertheless, the morning began
with a set-back for the defense. As soon as Jenkins had finished her
case-in-chief, Wes Farrell had filed a motion for directed verdict of
acquittal, which asked the Judge to find that no reasonable juror could
convict on the evidence presented by the prosecution.
This motion was routinely filed
by the defense when the prosecution rested, and was almost never
granted. If the Judge did rule favorably on this motion, he would dismiss the case, and
Mark Dooher would be free. Thomasino opened by denying the motion, and
Jenkins whispered to Glitsky, 'The blood.' He nodded, non-committal.
Farrell, having elected to give
an opening statement in rebuttal to Jenkins's at the outset of the
trial, stood and told Thomasino that the defense was ready to present
its case and would like to start by calling the defendant, Mark Dooher.
This was a calculated gamble, but
it showed the level of Farrell's confidence. The defendant had the
absolute right not to testify, but a sympathetic demeanor and good
story could go a long way toward humanizing a defendant, and this was
to the good.
Also, after Dooher's outburst on
the first day, he'd worn a mask, careful to show no emotion. Quietly
paying attention to every word and nuance, he would occasionally confer
with his two attorneys when some point struck him. He was interested
and unbowed, though not yet a person to the jurors.
Dooher leaned over to Christina
and whispered, 'Wish me luck,' then placed a fraternal hand on
Farrell's shoulder, gave it a squeeze, and walked around his attorney.
He approached the witness box in long strides. To all appearances, he
was confident, even eager - finally - to tell his story.
Farrell came forward to the
center of the courtroom and walked him through the familiar territory
of the early afternoon, the hors d'oeuvre, the champagne, and so on.
'And after Sheila said she was
going upstairs for a nap, what did you do then?'
Dooher looked toward the jury for
a minute. He didn't want to include them too often - it would appear
insincere, as though he was playing for them. But he knew it wouldn't
hurt - for it was only natural to acknowledge their presence. 'I moped
around the house for a while, then I decided to go to the driving
range. So I went out to my car...'
'Just a minute, Mark. You went
out to your car. But before that, at the back door, do you remember
what you did?'
'I don't remember anything
specific, no.'
'And yet we've heard Mrs Matsun
testify that you stopped and did something with the electric light
above the door. Do you remember doing that?'
'No. There may have been cobwebs
up in the light. Sometimes they gather there. I might have cleared them
away, but I don't specifically remember doing anything.' A quick look
towards the jury, explaining, 'I may have.'
This, of course, had been
rehearsed. Dooher wasn't denying anything that Frances Matsun had
testified to. He was being reasonable, telling his own truth without
attacking hers. It played, as they knew it would, very well.
'Mark, your house has an alarm
system, doesn't it?'
A wry shake of the head. 'Yes, it does.'
'Did you turn it on when you left
the house on this day?'
These carefully prepared
questions would defuse Jenkins's contentions before she could even make
them. 'No. I just walked out of the house.'
'Didn't you lock the door behind
you, either?'
'No.'
'Was this unusual? Why didn't you
do either of these things?'
Dooher sat back a minute,
phrasing his response. 'I guess the real reason is that neither of them
even occurred to me.'
'Why not?'
'Well, first, it was light out. I
wasn't thinking about somebody breaking in. We'd never been broken into
before.'
'But you didn't lock the door?'
'I go out to work every morning
and don't lock the door behind me. It wasn't like I was leaving an
empty house. Sheila was there. It never occurred to me she couldn't
take care of herself. We live in a safe neighborhood, or I thought we
did. When I do check the locks, it's usually before turning in at
night, you know, like people do.'
'What about the house alarm?'
'Sheila doesn't - didn't - like
the alarm.'
'Why not?'
'Because when we first got it
installed, three or four times she opened a door to walk outside to
take out the garbage or whatever, and it went off, and she had some
trouble overriding the turn-off switch or something - anyway, it was a
hassle for her. We didn't tend to use it unless we went on vacation, or
away for the weekend, something like that. I wasn't about to turn it on
when she was just taking a nap upstairs. If she woke up and went out
for some reason and it went off, she'd have killed me.'
Then to the driving range, where
Dooher bought two buckets of balls. Yes, he remembered specifically
which mat he'd hit from. He wore his most self-deprecating expression.
'I'm afraid that before all this' - an inclusive gesture indicating the
world they were in - 'I used to be vain about my ... about how I
looked. I didn't like to appear to flounder. And this included my golf
game. I didn't want people - anybody - to see me when I was working on
my swing, maybe over-correcting to find out what I was doing wrong.'
'Your honor.' Jenkins was showing
her impatience. 'This is all very fascinating, but it doesn't answer
the question of what mat he hit his golf balls from.'
Thomasino leaned over the bench.
'Just answer the question, Mr Dooher.'
'It was the last mat, at the very
end, to the left as you go out the door of the clubhouse.'
Farrell kept up the rhythm. 'And
you stayed, hitting golf balls off that mat, until when?'
'I think around nine-thirty,
twenty to ten.'
'Did you leave the mat at any
time?'
'I went to the bathroom after the
first bucket, bought a Coke in the office. Then went back out and
finished hitting.'
'All right.' Farrell led them
all, again, through the gruesome discovery, the emergency call, waiting
for the police. It all came out, compelling and believable as he told
it.
Now Farrell shifted gears. 'Mark,
Lieutenant Glitsky has testified that I was present at your house when
he interrogated you on the night of the murder. Why was I there?'
'I called you and you came.'
'Did I come as your lawyer,
because you wanted to protect yourself from police questions? Because
you knew you'd be suspected of murdering your wife?'
'No. None of that. I called you
as a friend.'
'Why did you call me, who happens
to be your lawyer, out of all of your friends?'
'I have known you for thirty-five
years. You are my best friend. That's why I called you.'
Farrell glanced at the jury, then
back to his client. 'On another topic, during your last visit to Dr
Peter Harris's office, did you remove a vial of blood and take it with
you?'
Dooher, still obviously amazed at
the ridiculousness of the question, shook his head, looked directly at
the jury for the last time. 'No. No, I did not.'
'And finally, once and for all,
and remembering that you are testifying under solemn oath, would you
answer this question for the jury: did you kill your wife?'
This time there were no
histrionics. He sat forward, took a breath, let it out, and answered in
an even, clear voice that rang through the courtroom. 'As God is my
judge, I did not.'
Farrell nodded, said, 'Thank
you,' and turned on his heel.
'Your witness.'
Before Jenkins got to the
blow-by-blow cross-examination of Dooher's movements throughout the
afternoon and evening of June 7th, she wanted to clear up one specific
point.
She moved to the exhibit table
and pulled two poster-size exhibits that she'd introduced as evidence
during the questioning of the driving range's maintenance man. The
first was a blow-up photograph of the hitting area taken from out in
the middle of the range, and the other was a schematic rendering of the
placement of the mats. She put both of these next to one another on an
easel next to the witness chair.
'As you can see,' she said,
'these exhibits represent the layout of the driving range. Just so
we're clear on where you hit your balls from, would you please point
out to the jury the mat that you stood on?'
Cooperative and relaxed, Dooher
did so.
'The very last mat, you're sure
of that?'
'I am, yes.'
'This is the mat nearest the hole
in the fence leading to the parking lot, is it not?'
'I don't know about that. I'd
never noticed the hole in the fence. Although if your witness says so,
I guess it's there.'
Jenkins stood unmoving in the
center of the courtroom. After twenty or thirty seconds, the Judge
spoke to her. 'Ms Jenkins?'
She blinked and brought her
attention back from where it had been.
Her cross-examination lasted
three and a half hours.
She got nothing.
'What was that all about?'
Christina sat at the table in their ante-room eating from a pile of
carrot and celery sticks on a paper plate while the men busied
themselves with salami on sourdough rolls. 'The exact mat you hit the
balls from?'
Dooher shook his head. 'I don't
have any idea.'
Farrell was chewing, staring out
the window. 'I don't like it. She's got something else she's not
showing us.'
'You mean new evidence?'
Christina couldn't envision it. 'How could that be, Wes? We've seen her
discovery. We know all her witnesses. She'd have had to tell us before
this.'
'Well, that would be in the
rules, that's true.'
But Dooher was looking carefully
at his friend. 'Anyway, Wes, what could she have?'
'I don't know. But it worries me.
It's my job to worry.'
'Don't worry,' Dooher said. 'I
was there at the last mat hitting golf balls and that's all there is to
it.'
Farrell nodded again. 'Let's hope
so.'
Glitsky thought that Richie
Browne believed Dooher's story in all its detail. He was the golf pro
at the range and could have been sent from Central Casting - a
well-formed man, mid-thirties, in slacks and a polo shirt. He had
gotten to know Dooher in the three or four months prior to the murder
when the defendant started frequenting his range instead of the
Olympic's.
'Sure, he was there the whole
time.'
'You're sure?'
'I'm positive.'
Farrell turned and faced the
jury, including them in his certainty, asking back over his shoulder,
'Were you aware of him the whole night?'
Browne took his time. 'I remember
him coming in. We talked about some new clubs he was considering - he'd
been working with some new graphite shafts on his woods and thought he
was going to go with them, buy a whole set, so you know I was
interested. We're talking a thousand bucks here, so I was paying
attention.'
'And was that when he came in?'
'Yeah.'
'And did he seem anxious,
nervous, keyed-up?'
'Objection! Calls for a
conclusion.'
Glitsky noticed that Jenkins was
forward on the last three inches of her chair, elbows on the table,
fingers templed at her lips. He didn't know what had galvanized her at
this late date, when to him the conclusion was all but fore-ordained,
but something clearly had.
Thomasino overruled her, though.
Farrell repeated the question,
and Brown told him that Dooher had been relaxed and genial. 'He talked
about golf clubs. He didn't act any way.'
'And then when he went out to hit
some balls. When did you see him next?'
'I don't know exactly. Fifteen,
twenty minutes later. I walked out to the door with a lady customer and
saw him down at the end, head down, lost in it. Whack whack whack.'
'Now, Mr Browne, Mr Dooher has
testified that he came in and got a Coke about halfway through—'
'Your honor, please!' Jenkins
shot up from her seat. 'Leading the witness.'
Thomasino was paying close
attention. To Glitsky's surprise, he didn't rule right away, spending a
moment mulling. Then, simply: 'Overruled.'
Farrell couldn't lose. He kept
right at it. 'When did you see Mr Dooher next?'
'Again, I didn't notice the exact
time. He came in for a Coke.' Jenkins slapped her hand on her table in
frustration. 'Maybe after his first bucket.'
'Your honor, my God!' Jenkins -
up again.
Farrell spread his palms. 'I
didn't ask anything, your honor. The witness has volunteered this
information.'
'It's speculation - move to
strike.'
Thomasino raised a calming hand.
'Yes, it is, yes, it is.' He told the jury to disregard this last
information, and Glitsky thought they could collectively do that about
as easily as they could levitate on cue.
But the moment passed, and
Farrell was finishing up. 'And did you see Mr Dooher at any other time
during the course of this evening?'
'Sure. When he left.'
'When he'd finished hitting two
buckets of golf balls?'
'Objection! Speculation.'
Thomasino sustained her again,
but Farrell didn't care. He had gotten in nearly everything he wanted,
and was finishing up. 'Did you see Mr Dooher when he left?'
'Yes.'
'And how was he acting then?'
'Like he usually did. Normal. He
came in, we talked a couple of minutes about his game. He told me a
joke.'
'He told you a joke?'
'Yeah, we talked a couple of
minutes and then he asked me how you get a dog to stop humping your leg.
That's how I remember I saw him when he was leaving. I was laughing.'
'You were laughing together?'
'It was a good joke.' Browne
paused, looked over to the jury, gave them the punch-line. 'You give
him a blow job.'
The courtroom went silent for a
second, then erupted into nervous laughter. Thomasino hit his gavel a
few times, order was restored, and Farrell gave Richie Browne to Amanda
Jenkins for cross-examination.
'Mr Browne, I'm particularly
interested in this Coke you saw Mr Dooher get in the middle of his
round of hitting golf balls. In your interview with Lieutenant Glitsky
regarding this night, did you mention this trip to the Coke machine?'
'I guess not. I didn't remember
at the time. It came back to me later, that it was that night.'
'And do you remember it now?'
'Yes.'
'So - to be absolutely clear, Mr
Browne - is it your testimony now, under oath, that Mr Dooher bought a
Coke in the middle of hitting his round of golf balls that night?'
Browne squirmed. 'I think he came
and got a Coke.'
'You think Mr Dooher
came and got a Coke? You're not sure.'
'I'm pretty sure.'
'But not certain?'
Browne was physically reacting to
the questioning, sitting back in the witness chair, arms crossed over
his chest. 'No, not certain. But I think it was that night.'
'Mr Browne, you're not certain
you saw the defendant come in midway through the evening and get a
Coke, is that your testimony?'
Farrell took the opening. 'Asked
and answered, your honor.'
Thomasino agreed with him.
It was beginning to move quickly
with Farrell's defense witnesses. No sooner had Richie Browne passed
out into the gallery area than Farrell called Marcela Mendoza, a
forty-two-year-old former supervisor of medical technicians at St
Mary's Hospital. After establishing her credentials and job duties
during the twelve years she'd worked at the hospital, Farrell asked:
'Ms Mendoza, working in the blood unit of the laboratory at the
hospital, did you ever experience a situation where blood that had been
taken from a patient for tests got lost somehow?'
'Yes.'
'Commonly? Wait, please. Before
you answer that, how many blood tests did you do?'
'Well, we did I guess six or
seven hundred blood tests every week or so.'
'A hundred a day?'
'Roughly. That's about right.'
'And how often did a sample of
blood get mislabeled, or misplaced, or lost, on average, in the twelve
years you worked at the hospital?'
'Objection, your honor. The
defendant's doctor didn't work at this hospital.'
Glitsky had the impression that
Farrell had been hoping that Jenkins would say this very thing. 'Well,
your honor, that's exactly the point. We intend to show that the blood
could have come from any one of a number of places.'
Thomasino's brows went up and
down. 'Overruled. Proceed.'
The question clearly made Ms
Mendoza uncomfortable. It wasn't a piece of information the public
would feel very good about. In fact, while she'd been working at the
hospital, she would not have answered any questions about lost blood -
both because she would not have wanted to, and because she would have
been ordered not to.
But Farrell's investigator had
found her in August and convinced her that her expertise in this area
could save the life of an innocent man. 'I'd say we'd lose one or two a
week.'
'A week!' Farrell, who
of
course already knew the answer, feigned shock. 'One or two a week?'
'Sometimes more, sometimes less.'
'And this lost blood, where does
it go?'
Mendoza allowed herself a small
smile. 'If we knew that, Mr Farrell, it wouldn't be lost now, would it?'
All agreement, Farrell stepped
closer to her. 'Now in your own personal experience, Ms Mendoza, did
you ever have a lab technician drop a vial of blood and not report it?'
'Yes.'
'And why was that?'
'They didn't want to get in
trouble, so they said they just never got the blood to do the tests on
in the first place.'
'And are you personally familiar
with a case like this?'
'Yes.'
'Could you explain it a little
more fully?'
'One of my people did exactly
what I just described, and I didn't report it, which was why I was let
go.'
This wasn't a point to press, and
Farrell moved along. 'Ms Mendoza, about how many blood labs are there
in the city?'
'Big labs, there's about eight or
nine. Smaller labs, doctors' offices, mobile units, blood banks ...
there are probably hundreds, I don't know exactly.'
'Certainly more than fifty?'
'Yes.'
'And in your experience, was
there ever a problem with lost blood at any of these facilities? In
transit, to and from doctors' offices, something like that?'
Ms Mendoza didn't like it, but
she knew what she knew.'Most of the blood, there's never a problem,'
she said.
'I realize that. But
sometimes .. . ?'
'Of course. Sure.'
The blood testimony continued to
build relentlessly, doubly damning, Glitsky thought, because there
really wasn't much Amanda Jenkins could do on cross-examination.
Doctors and technicians from County General, St Luke's, the Masonic
Blood Bank and several other locations all came to the stand and
testified for ten minutes each, all essentially saying the same thing:
blood got lost all the time. It was possible - maybe not probable, and
perhaps difficult, but certainly possible - for a person to pick up a
vial of blood and walk out of a facility with it.
The worst moment from Glitsky's
perspective came at the very end of the day when Farrell called a
Sergeant Eames from Park station. It was always unnerving when the defense
called a law-enforcement person to testify. For the past six years,
Eames had worked on cases involving voodoo, santeria, and Satanic
worship, all of which used blood from a variety of sources in their
rituals. Eames was of the opinion that any cop in the city who wanted
to get his hands on samples of human blood would have to look no
further than the evidence locker of any district station on a typical
Saturday night.
Jim Flaherty was alone in his
Spartan bedroom. He sat at his desk, intending to put the finishing
touches on his yearly Christmas sermon and then - on this blessedly
unbooked Thursday evening - he was going to get to sleep before
midnight.
But first he'd tune into the ten
o'clock news, where he was heartened by the analysis of the events of
the trial. Wes Farrell's parade of defense witnesses had demolished any
lingering doubt about its outcome. Mark wasn't going to get convicted -
the prosecution's case was in rags.
Flaherty told himself that he'd
never really entertained the notion that Mark had killed Sheila, but
the blood had come close to shaking his faith. Now, though, it looked
as though Farrell had put his finger into that potential hole in the
dike, and what Mark had contended all along was true. The blood could
have come from anywhere and the missing blood from his own doctor's
office had been a terrible coincidence.
It was critical that Flaherty be
clear on this score. Farrell had asked him to be ready to testify about
Mark's character beginning as early as tomorrow.
He opened his desk drawer and
pulled out the sheaf of looseleaf papers.
And there was a knock on his door.
He loathed interruptions in his
bedroom - it was the only truly private place he had, the only personal
time he ever got. But everyone on the staff here at the rectory knew
that and protected his privacy, so this must be important.
Father Herman, his major domo,
stood in the hallway in the at-ease position, and behind him, hands
clasped in front of him, was Eugene Gorman, pastor of St Emydius.
Seeing him, Flaherty's stomach tightened, and he put his hand over it.
Herman was trying to explain that
he had asked Father Gorman to wait downstairs and he'd send the
Archbishop down to see him in the study, but...
'That's all right, Father. This
is
an old friend. You want to come in here, Gene? I don't have anything
but hard chairs to sit on.'
When the door closed behind them,
Flaherty walked across the room and sat on his desk. Gorman stood
awkwardly and finally, looking behind him, sat down on the Archbishop's
bed. 'I'm sorry to bother you. I wouldn't have if this weren't an
emergency.'
'It's all right,' Flaherty began,
'we're—'
But Gorman cut him off. 'I have
been examining my conscience now for months, and I don't know what else
to do. I need for you to hear my Confession.'
Flaherty cocked his head at the
man across from him. He seemed to have aged five years since they'd
last spoken in May or June.
The light was dim. A crucifix,
the only ornament in the room, hung over Flaherty's bed.
Gorman's eyes were tortured,
pleading.
The Archbishop nodded once,
boosted himself off the desk, and crossed to the bed. He put his hand
behind Gorman's head and stood like that for a moment.
Then he went over to his dresser
and picked up his stole - the sacramental cloth. Draping it over his
shoulders, he returned to the bed, and sat down next to Gorman, making
the sign of the cross.
Gorman began. 'Bless me, Father,
for I have sinned. I am living in a state of mortal sin, in despair.'
'God will give you grace, Gene.
He won't abandon you.'
But Gorman didn't seem to hear.
He continued. 'I am tormented by guilty knowledge and bound by the seal
of the confessional. It's destroying me, Jim ... I can't function.'
Flaherty began to offer his
counsel to Gorman. This was one of the heaviest burdens of the
priesthood - penitents had terrible secrets they needed to confess ...
Gorman couldn't hold it in any
longer. 'This was murder, Jim. Literal murder.'
Entering his apartment after
another night on the town, Wes Farrell was confronting another of the
deadly sins, pride. The headiness of his success had not obliterated
his doubts about his friend nor any moral qualms concerning his
strategies at the trial, but he would be damned if he would let any of
that nonsense stand in his way now.
Winning was what mattered.
Winners had to learn to ignore those small voices of discontent, the
traces of timidity, that hampered lesser souls - that were, indeed, the
hallmark of lesser souls.
Wasn't it De Gaulle who had said
that to govern was to choose? Well, Wes thought that the sentiment
translated well into his own situation. He would no longer consider
other paths he might have taken, could have taken, that were perhaps
more righteous and less ambiguous. No, he had chosen to
believe
Mark Dooher, chosen to defend him. And those decisions had
elevated him in his community. And that was what mattered.
After a certain point, you just
didn't have to think about certain things anymore.
He had been reading about his
exploits every day, hearing himself described in the various media as
brilliant, dogged, ruthless, even charismatic. He wasn't about to give
any of this up by worrying too much about the vehicle that had propelled him to here.
It was Faustian, perhaps, but he'd often said he'd sell his soul for
this chance.
It might have disappointed him
when he'd been younger and more idealistic, but right now all he could
think was: I'll take it, I'll take it, I'll take it - and while we're
at it, give me more.
The time was 11:15. He was
entering his apartment, filled with these thoughts. A dinner at John's
Grill had turned into a testimonial from some of the other diners who
had recognized him. He was resolving to change his residence in the
next couple of months, get himself another house and a house cleaner to
go with it, a new car, fix up the office as befitted his station.
The telephone was ringing and he
crossed the room, petting an ecstatic Bart, and picked it up.
'Wes. This is Jim Flaherty.'
The usually husky, confident tone
was missing. 'Your Excellency, how are you?'
'Well, I'm not too good, to tell
you the truth.' A long breath. 'I might as well come right out with it,
Wes. I'm afraid I've decided I'm not going
to be able to
testify
for you, for Mark, about his character.'
Farrell pulled out a kitchen
chair and sat heavily upon it. He had been expecting to call the
Archbishop tomorrow and wrap up his defense.
'But just two nights ago...'
'I realize that. I know. But
something has come up ...'
'What?'
Another pause. 'I'm not at
liberty to say.'
'Archbishop, Father, wait a
minute. You can't just—'
'Excuse me, Wes. This is a very
difficult decision, one of the hardest of my life, but I've made it,
and that's all there is to say about it. I'm sorry.'
The line went dead. Farrell
lifted the receiver away from his ear and looked at it as though it
were alive. 'You're sorry?'
He put the phone down and stared
at his wavy image, reflected in the kitchen window.
Flaherty sat, alone again, on the
side of his hard bed. He'd wrestled with it for an hour or more, trying
to find some other interpretation for Father Gorman's words. He
grudgingly admired Gorman's decision the way he'd come to him for
Confession. The strategy was, Flaherty thought, positively Jesuitical.
Gorman never said Dooher's name, never even implied whether it was a
male or a female who had committed the murder or, for that matter,
whether it was one of his parishioners. He didn't, technically, break
the seal of the Confession.
But there was small doubt about
what he was saying, and none at all about whether it was true.
A war had broken out in
Thomasino's chambers.
The lead attorneys, the Judge,
and Glitsky had originally gathered to discuss logistics. Farrell had
decided that, after all, he wasn't going to call character witnesses -
he didn't need them. The defense was going to rest.
And then Jenkins had dropped her
bomb, saying she would like to call a rebuttal witness then, someone
who wasn't on her original witness list, a man who had been at the
driving range during the time Dooher claimed he was, and who hadn't
seen him.
Glitsky was sitting in his chair
off to the side, and Farrell, looking again more as he'd appeared
earlier in the trial - the King of Insomnia - was screaming.
'She's known about this witness
all along, your honor! If I'd known about this witness or his
testimony, I never would have asked Mr Dooher to take the stand. And
this witness is nowhere on any of her lists. This is an incredible,
unbelievable, egregious breach of professional ethics.'
'Oh, get a grip, Wes,' Jenkins
retorted, 'it's nothing of the sort. It's Prop One Fifteen.' She was
referring to California Proposition 115, which eased the prosecution's
obligations regarding discovery to the defense. The law changes every
once in a while, Wes, you'll be surprised to hear. Maybe you ought to
try to keep up on it.'
'I keep up on the Goddamn law as
well as a Goddamn rookie homicide prosecutor on her first case that
she's blown all to hell because she doesn't know ...'
Thomasino, atypically wearing his
robes in chambers, had heard all he would tolerate - Glitsky was
surprised he'd let it go as far as it had - and now he was slapping his
hand down on his desk, hard. 'All right, all right, enough! I said
enough!'
Both attorneys sat, breathing
hard, in front of the Judge's desk. Thomasino, not jolly on his best
day, was a study in controlled rage, his eyebrows pulled together until
they met, a muscle in his jaw vibrating under the pressure of holding
it so tight.
Gradually, he gathered himself.
The face relaxed by small degrees. 'This is a matter of law,' he said,
almost whispering, 'not a matter of personality. Although, Ms Jenkins,
I must admit to some discomfort about it. Surely you knew about this
witness before this, and if that were the case, the name should have
appeared in discovery.'
The name they were discussing
was Michael Ross. In the early days of the investigation, Glitsky had
gone out to the San Francisco Golf Club and reviewed the credit-card
receipts for the night of June 7th. Michael Ross had paid for a bucket
of golf balls by VISA card, and the transaction had been run up at 8:17
p.m. Glitsky had brought the receipt in to Jenkins and they'd had a
discussion about it in her cramped and airless office.
The moment was etched clearly in
Glitsky's memory. Jenkins's eyes took on a faraway look as she'd sat at
her desk, fingering the receipt. He had figuratively seen the light
bulb go on over her head.
'Why don't you go out and
interview this fellow Ross by yourself, Abe? You don't even need to
bring your tape recorder. It's probably nothing anyway. And don't write
it up until we've had a chance to talk about what he's told you.'
Glitsky had been a cop long
enough, he didn't need a road map. Jenkins wasn't suggesting anything
illegal - it could be said that she was trying to save Abe the trouble
of writing up lots of meaningless paperwork. It wasn't even
procedurally suspect. He interviewed lots of people in the course of
any investigation, and often these interviews were casual, limited,
irrelevant to the case. There was no need to tape anything.
Of course, in this case Glitsky
knew what Jenkins was really telling him - she wanted to limit what she
had to give to Farrell as discovery. She knew early on that their
evidence case was weak, and she was going to sandbag the defense if she
got the chance, which was what she was doing in Thomasino's chambers
early on this Friday morning.
Perry Mason notwithstanding, real
trials were not supposed to deal in surprises. The discovery process -
where the prosecution must turn over to the defense all evidence it
possesses relating to the case - is supposed to guarantee that the
defense sees all the cards before the game. It's how those cards are
played that determines the winner.
Jenkins was supposed to provide
Farrell with a list of the prospective witnesses she might call during
the course of the trial. She didn't have to call every witness
on the list, or any of them, but in theory she couldn't call anyone who
wasn't on the list.
And Michael Ross hadn't been.
Back in the war zone, the
soldiers continued to scuffle. Jenkins was holding up the faded yellow
tissue with Michael Ross's name and VISA number on it. and pointing out
that she had Xeroxed it, both sides, and it had been turned over to Wes
Farrell when he'd requested discovery documents. 'Is that true, Mr
Farrell? Do you have a copy of this document?'
'So what, your honor?
What's the document mean? I even ask her back last June, July sometime,
and she says it means what it means. So I look on her witness list -
there's no Michael Ross. She's not allowed to call him, am I right?'
'I'm calling him in rebuttal.'
Farrell brought his own hand down
on the edge of the armchair. 'You knew all along you were going to call
him. Don't give me that crap.'
'Mr Farrell.' Thomasino, too, was
heating up. 'If I hear any more profanity out of you in this chambers,
or out of your witnesses or defendants in the courtroom, I'm going to
hold you in contempt. We're not street-fighting here, and we're not
gangsta rappers, and if you say so much as "darn" in my presence, you'd
better have an unassailable reason for doing so.'
Farrell sat back in his chair.
'Sorry, your honor. I mean no disrespect.'
'Well, intention or no, it is
disrespectful and I'm not going to have it.' Thomasino's eyes
strafed the room, came to rest on Jenkins. No one, it seemed, was going
to get off easy here. 'Now, as to this witness, Ms Jenkins, do you care
to explain to me how you saw fit to include this credit-card slip in
your discovery documents and yet at the same time omit the man's name
from your witness list?'
'Your honor, he's a rebuttal
witness. I didn't know I was going to call him until Mr Dooher
testified.'
Glitsky was kind of enjoying
seeing Farrell sputter, sitting forward now, seeking non-profanities.
'I believe that is not the truth, your honor,' he finally said. 'When
did she interview this witness?'
'Lieutenant Glitsky interviewed
him.'
Finally in on the action, Glitsky
took the chance to goad Farrell further. 'About two weeks after your
client killed his wife, give or take.'
But the attorney ignored the
challenge. 'Two weeks?' He turned to the Judge. 'Your honor, two weeks.
She knew she was going to call him. Where were Glitsky's notes on the
interview, the transcription, anything?'
Abe was glad to see Jenkins cover
for him for a change. 'I didn't ask for a tape. It was a preliminary
interview.'
'Ms Jenkins,' Thomasino said,
'I'm not liking what I'm hearing here. It sound to me like you
deliberately
tried to circumvent the discovery process.'
'Damn ... darn straight she did!'
The Judge pointed a finger across
the room. 'And you, Lieutenant, I find this hard to believe of you.'
Glitsky shrugged. 'I just build
'em, your honor. I don't fly 'em.'
'Judge.' Jenkins wasn't having
it. 'How could I have put this man on my witness list? He was no part
of my case in chief. What was he going to say? That he didn't see Mark
Dooher at the driving range? What am I supposed to do, provide a list
of everybody who didn't see Mark Dooher at the driving range? That's
pretty much the whole city, isn't it? And, in fact, the prosecution
rested its case against Mr Dooher without using Mr Ross. If Mr Farrell
here hadn't opened this whole can of worms by having his client
testify, we wouldn't be having this discussion right now. It would
never have come up.'
'All right, all right.' Again,
the warning hand, palm up. 'I'm going to let him testify.'
Farrell went ballistic. 'Your
honor, please ... !'
But finally, Thomasino's fuse
flared. 'Mr Farrell, if you please. We're going outside now
into the courtroom and Mr Ross is going to testify. That's my ruling
and I don't want to hear another word about it.'
Michael Ross was a
twenty-one-year-old student at San Francisco State University - clean
cut, well spoken, well dressed. From Glitsky's perspective, he was the
last hope, if in fact it wasn't already way too late. But Jenkins, no
denying it, had played this card masterfully.
'Mr Ross,' she began, 'on the
evening of June 7th of this year, would you tell us what you did
between the hours of seven and ten p.m.?'
Ross had a fresh and open face
and he sat forward in his chair, enthusiastic yet serious. 'Well, my
wife and I put our daughter to bed' - he looked over at the jury - 'she
was just a year old and we put her down to bed at seven o'clock. Then
we had dinner together. We barbecued hamburgers. It was a really nice
night, and after dinner, about eight, I asked my wife if she'd mind if
I went and drove a few golf balls.'
He seemed to think this might
need some more explanation, but hesitated, then continued. 'Anyway, I
went to the San Francisco Golf Club's range and hit a large bucket of
balls, and then came back home.'
'And what time did you leave the
range?'
Ross thought a moment. 'I was
home by nine-thirty, so I must have left at about ten after nine,
quarter after, something like that.'
Jenkins produced the credit-card
slip, showing that Ross had picked up his bucket of balls at 8:17, and
entered it into evidence as People's Exhibit Number Fourteen. 'So, Mr
Ross, while you were out in the driving-range area, did you go to a
particular station to hit your bucket of balls?'
'I did.'
'And where was that?'
'I turned left out of the
clubhouse and walked down to the third mat from the end.'
The third from the end on the
left side as you left the clubhouse?'
'Yes.'
Again, show and tell, and Jenkins
produced the posters she'd first used with the maintenance man and then
during her cross-examination of Mark Dooher. She mounted them on to the
easel next to the witness box, side by side. 'Could you point out to
the jury, Mr Ross, just where you stood, according to both of these
visual aids?'
He did.
'And how far, then, were you from
the first mat, the one Mr Dooher has testified he used on this night?'
Ross stole a neutral glance at
Dooher. 'I don't know exactly. Twenty or thirty feet, I'd guess.'
'So Mr Ross, to reiterate: you
went out with your bucket of golf balls at around eight twenty-five and
you stood hitting shots from a mat and a tee three spots from the end
on the left side, finishing up at around nine-fifteen. Is this
an accurate rendition of
the facts you've presented?'
'Yes.'
'All right, then. During this
period of time, nearly an hour, while you stood two mats away from the
last mat on the left, did you at any time see the defendant, Mark
Dooher, at the last tee?'
'No. I didn't see anybody. There
was nobody at the last tee.'
A buzz coursed through the room.
Glitsky noticed Dooher leaning over, whispering to Christina. Farrell
was sitting, face set, eyes forward, his hands crossed on the desk in
front of him.
Jenkins pressed on. 'Did you see
Mr Dooher anywhere there at the range, at any time that night?'
Ross again spent a minute
studying the defendant, then said he'd never seen him before in his
life.
'Mr Ross, was there anybody on
the second tee? In other words, on the tee next to you, between you and
the last tee?'
'No. I was the last one down that
way.'
'There was no one either at the
first or second tee the whole time you were there hitting golf balls,
between eight-twenty-five and nine-fifteen p.m. on June 7th of this
year?'
'That's right. Nobody.'
Farrell tried to smile, to convey
the impression that this wasn't a problem. Glitsky didn't think he
succeeded - he looked a couple of days older than God.
'Mr Ross,' he began. 'You've
testified that you hit a large bucket of golf balls on the night in
question, is that correct?'
'Yes.'
'And how many balls are in a
large bucket?'
The witness seemed to be trying
to visualize a bucket. He smiled, helpful. 'I'd say eighty or a
hundred.'
'A hundred golf balls. And is it
true that you were at your mat, hitting these hundred golf balls for
fifty minutes - eight twenty-five until about nine-fifteen?'
Ross did the math and nodded.
'That's about right.'
'Would that be about one ball
every thirty seconds?'
'About, yes.'
Farrell glanced over at the jury,
including them. 'Perhaps some members of the jury aren't familiar with
how things work at a driving range. Would you please describe in detail
your actions to hit each golf ball?'
This seemed to strike Ross as
mildly amusing, but he remained cooperative and friendly. 'I lean over,
pick a ball out of the bucket, then either put it on a tee - they have
a built-up rubber tee you can use - or lay it on the mat. Then I line
up my shot, check my position, take a breath, relax, swing.'
Farrell seemed happy with this.
'And then you do this again, is that right? Do you do this every time
you hit a ball?'
'Pretty close, I'd say. Yeah.'
'And would you say hitting a golf
ball is a fairly intense activity? Does it take a lot of concentration?'
Ross laughed. 'It's like nothing
else.'
'You're saying it is intense,
then, aren't you?'
'Yes.'
'Would you say you get yourself
into almost a trance-like state?'
'Objection. The witness is not an
expert in trances, your honor.'
Jenkins was sustained, but
Farrell was doing a good job drawing the picture. If Ross had hit a
ball every thirty seconds, going through his routine on each ball, and
he was concentrating deeply on every swing ... 'Is it possible, Mr
Ross, that someone could have been hitting balls a couple of mats away
and, concentrating as you were, you might not have noticed?'
'No. It's not like you're not
aware of what's around you.'
'It's not? Then you recall how
many other people were at the driving range that night, don't you?'
Ross shrugged, discomfort
beginning to show. 'It was a quiet night. Tuesday. Fewer than average.'
'Were there twenty people there?
'I don't know exactly. Something
like that.'
'Were they all men?'
'I don't know.'
'Could you give us a rough
breakdown as to the races of the people hitting golf balls? Blacks,
whites, Hispanics?'
'No.'
'Was there someone on the other
side of you? Behind you, back toward the office?'
'A couple of mats over, yes.'
'Was this person a man or a
woman.'
'A man, I think.'
'You think. How tall was he?'
Ross was shaking his head. 'Come
on, give me a break, I don't know.'
Farrell came closer to him. 'I
can't give you a break, Mr Ross. Hitting one golf ball every thirty
seconds, is it your testimony that you are positive, without a doubt,
that for the entire time you hit your large bucket of golf balls there
was no one on the last mat at the end?'
Ross didn't crack. He knew what
he knew. 'That's right.'
Farrell went and got a drink of
water, giving himself time to think of his next line of questioning. By
the time he was back at the witness box, he had it. With the bonus of a
chance to put in a dig at Jenkins.
'Mr Ross, since we have just this
morning learned that you would be a witness in this trial, you have not
spoken to anyone from the defense before, have you?'
'No.'
'Have you spoken before to anyone
from the prosecution or the police?'
'Yes.'
'Did you give a sworn statement
to them about the testimony you're giving today that they asked you to
sign?'
'No.'
This was about as far as Farrell
could go in attacking Ross's credibility. He had to go fishing again.
'What do you study at college, Mr Ross?'
A welcome change for Ross. He
brightened right up. 'I'm a Criminal Justice major.'
This surprised Farrell, but it
didn't make him unhappy. Glitsky could almost see the bells ringing
inside his head. 'Indeed. By any chance do you plan to pursue a career
in law enforcement?'
'Yes, I do. I'd like to go to the
San Francisco Police Academy.'
A pause, Farrell formulating it.
'Have you been following this case in the newspapers, Mr Ross? On
television?'
'Sure.'
'You know, then, don't you, that
your testimony is helpful to the prosecution here?'
'Yes.'
This was the best Farrell was
going to do. He decided to quit while he was ahead. 'Thank you. No
further questions.'
Diane Price was less nervous than
Sam Duncan, which was why she was driving. In the six months since
she'd first come to Sam with her story, her life had changed.
At first, Diane had been opposed
to any public admission of what had happened between her and Mark
Dooher - it had been her own personal tragedy, tawdry and shameful.
She'd testify at the trial if she got the chance, but until then she'd
keep a low profile, live her normal life with her husband and kids.
She did not factor in the
insatiable maw of the media, the hot-button buzz of her story, the fact
that she was attractive, articulate and intelligent. Sam Duncan asked
her permission to go to then-Sergeant Abe Glitsky and tell him about
the rape - surely it was relevant to the murder charge Dooher was
facing? He'd agreed and called in Amanda Jenkins, and within two weeks
Diane had been identified and the notoriety had begun.
The story in the Chronicle had
been followed by an interview in People. Mother Jones put her
on the cover and devoted half of their September issue to 'Life After
Rape'. Diane had been contacted by a movie producer and signed an
option agreement on her life story. She'd been invited to speak at
least a dozen times, at first to small groups around San Francisco, but
later to larger gatherings - a NOW convention in Atlanta, a Gender
Issues Conference in Chicago, a Sexual Harassment seminar in Phoenix.
And it was ironic, she thought,
that all of this public discourse had been what had finally healed her
private heart. Her husband, Don, stood by her through the fifteen
minutes of her fame, and when the first flush had died down, they were
left with their home and their family. And the bitterness that she'd
carried all the years, that had finally prodded her to go to Sam
Duncan's Rape Crisis Center in the first place, had been replaced by a
calm sense of empowerment.
She didn't need to talk about it
anymore. She'd learned from the experience, albeit the hard, slow way,
but she'd come to the belief that this was the only way people really
benefited from pain or loss or hardship anyway - first by acknowledging
it and then, over time, to see how it had changed you and fit those
changes into how you lived.
She became a regular volunteer at
the Rape Crisis Counselling Center, working alongside Sam Duncan,
helping other women, perhaps keeping them from going where she'd been.
It was fulfilling, immediate, therapeutic.
So today, what she thought would
be her one last public appearance didn't worry her. Amanda Jenkins had
called her early in the week and said she expected that Wes Farrell
would begin calling his own character witnesses on Thursday or Friday
and she would then be free to call Diane. Was she ready?
And then, last night - Thursday -
Amanda had said she ought to come down to the Hall of Justice by noon.
The prosecution would probably be calling her to testify about Mark
Dooher's character in the early afternoon.
As it transpired, of course,
Farrell had decided not to use his character witnesses, but there was
no way for Amanda Jenkins to have gotten that word out to Diane Price
before she left to come down. By the time the attorneys had come back
to the courtroom from their extended meeting about Michael Ross in
Thomasino's chambers, Sam and Diane were on their way.
So she pulled into the All-Day
Lot - $5.00/No In & Out - and the two women sat for a moment in the
car. A fierce, cold and blustery wind whipped trash up the lane of the
parking lot - a milk carton bounced along and out of their sight like a
tumbleweed.
'You ready to go out into this?'
Sam asked her. She had her hand on the doorhandle, but didn't look as
though she was prepared just yet. Huddled into an oversized down
jacket, Sam looked tiny and vulnerable.
'I think the real storm's going
to be inside,' Diane said. 'Are you all right?'
'Sure,' Sam said, too quickly.
'You're nervous.'
A nod.
'Don't worry. I won't blow this.
I say what happened and they try to shake my story, which they won't be
able to do, and then we leave and this whole thing is behind us, and
they put that bastard in jail where he belongs.' She looked over at
Sam, still inside herself. 'That's not it, is it?'
Sam shook her head.
'Wes Farrell?' Diane had learned
all about Sam and Wes.
Another nod. 'I'm going to hate
him after he questions you. I know I am. That's all. And I don't want
to.' She blew out a quick breath. 'It's just the end of something. The
final end.'
'I'll be gentle with him,' Diane
said, then patted the other woman's leg. 'Let's go, okay?'
They crossed Bryant, leaning into
the wind, and came to the steps of the Hall, where Sam held open one of
the huge glass double doors and they entered into the cavernous, open
lobby.
Or not directly. First, a
makeshift plywood wall funnelled visitors toward a doorframe, to the
side of which sat a desk manned by two uniformed policemen. A couple of
reporters had stationed themselves outside the courtrooms to be ready
for just such arrivals, and they attached themselves to the two women,
asking the usual inane questions as they fell into the desultory queue
for the security check.
Diane was wearing designer
jeans, a couple of layers of sweaters and a heavy raincoat, a large
leather carry-bag slung over her shoulder. Moving forward with the line
of people entering the Hall, trying to respond politely to the
reporters and stay close to Sam, it didn't register to Diane that the
doorframe was the building's metal detector until she was walking
through it, setting off the beeper.
'Oh shit,' she said, as the
policemen stopped them, took the carry-all from her and put it on the
desk and told her to step back through the entrance again. 'No, wait.'
Reaching for the carry-all, trying to take it back from him. 'We'll
just go back and put this in the car. I'll just—'
But it was too late. The
policeman, alerted by the weight of it, had already pulled it open and
was reaching inside. 'Everybody else! Hold it! Step back!'
'What?' Sam asked.
'You!' The cop had Diane by the
arm and was moving her away to the side. 'Get over there, put your
hands against that wall. Do it! Now!' Then, to his partner, gesturing
to the line forming behind the doorframe. 'Keep them back. Get on the
phone and get a female officer down here.'
'What is this?' Sam demanded.
'What's going on?'
Diane started to turn around. 'I
know—'
But the officer yelled at her
again. 'Against that wall! Don't you move!' Then he lifted his hand out
of the oversized purse.
He was holding a small,
chrome-plated handgun.
At about the same moment, back in
their office across the street, the mood had shifted from relief at
getting a piece of Michael Ross to fury at Wes Farrell's decision to
abandon his character witnesses.
Dooher was fuming. 'What do you
mean, you're resting? We've got to call Jim Flaherty.'
Farrell was calmly shaking his
head. 'We're not calling Flaherty. We're not doing character.'
'We have to do character, Wes.
Character wins it for us.'
'We've already won it. We don't
need it.' Farrell was giving it a more confident spin than he felt
after the nearly disastrous testimony of Michael Ross, which in spite
of his cross remained a serious evidentiary chip for the prosecution.
Wes wasn't going to tell Mark
that the Archbishop had withdrawn as a witness unless he absolutely had
to. The momentum had shifted, and Farrell's last and best hope was that
he could save what he'd already accomplished. He still had a good
chance to get Mark an acquittal. But he was holding all this close.
Christina was standing by the
doorway. 'I thought you could never get enough. You've said that a
hundred times. And now we've just had a hit from this Ross character -I
think we do need more, Wes.'
'Well, I want to thank you both
for your input, but unless you're going to fire me, Mark, this is my
trial, and I'm done. We've won it. I've got a closing argument that's
irrefutable. Christina, I'm sorry you don't get to cross-examine Diane
Price. I'm sorry we didn't use you, and I believe you would take her
apart, but I don't want any hint of bad character about Mark, not now.
Even if we can refute. It's not worth the risk when we're so far up.
You both have got to trust me here. I've done a pretty fair job so far.
I promise you it's going to work.'
But Dooher wasn't ready to give
it up. 'How long have you known this, that you weren't going to call
Flaherty?'
'Frankly, Mark, I don't know.
There was always that possibility, right from the beginning. I wanted
to keep the door open as long as I could in case I needed him, but now
it's my judgment that I don't. We don't.'
Christina spoke up again. 'I'd
like to know where they got Michael Ross. What was that about? How
could he have been where he said he was?'
'He wasn't,' Dooher said flatly.
'They made him up. Glitsky and Jenkins invented him.'
Christina believed it, Farrell
could tell. But it was more than any one witness or decision at this
point - Wes knew that Christina had bought the package with Mark.
If the facts didn't fit, then the
facts must be wrong.
As a defense lawyer, she was
inexperienced; as a person, she was naive. And she made the novice's
mistake. She confused Not Guilty - a legal concept that meant the
prosecution had failed to establish guilt, with Innocent, a fact of
behavior.
But this was not the moment for
these niceties. Farrell forced a relaxed tone. 'How Ross got to testify
is a long and tedious story about attorney duplicity that I'd be happy
to recount for you at our victory celebration. But meanwhile, I'd like
to put this thing to bed before Jenkins pulls any more quasi-legal
shenanigans out of her bag of tricks - ones that might hurt us.'
One last shot from the defendant.
'You're sure we got it, Wes? This is my life here.'
He forced himself to meet
Dooher's eyes. 'I have no doubts.'
By the lunch recess, news of the
arrest of Diane Price for carrying a concealed weapon had spread
through the Hall, along with the myriad theories attendant upon any
event of this nature: she had been planning to assassinate Dooher; she
was going to kill herself as a last, desperate cry for help; or maim
herself as a publicity stunt.
Diane's plea was that the whole
thing was simply a mistake. She'd carried a gun for protection for
years and years, since a few months after the rape. It was registered,
even, though she had no license to carry it concealed on her person.
She'd had no violent agenda. She simply hadn't realized that there was
a metal detector at the entrance to the Hall of Justice.
This explanation was, of course,
dismissed by every law-enforcement professional in the building, and
Diane was taken upstairs - Sam Duncan abandoned, scuffling to locate
the Crisis Center's attorney. Diane spent three hours in custody before being
cited and released on the misdemeanor.
Every person in the courtroom -
the gallery as well as the principals - was aware of the drama that had
occurred outside during the lunch recess.
With this as a backdrop, Amanda
Jenkins stepped up and presented her closing argument. The facts, she
said, spoke for themselves, and allowed for no other interpretation
than that Mark Dooher had murdered his wife on the evening of June 7th.
The defendant had not been at the driving range when he said he was.
They had a witness who'd positively identified his car near his house
when the murder had been committed, another witness who'd been twenty
feet from where Dooher was supposed to have been, and had never seen
him.
Why hadn't he seen him? Because
Dooher hadn't been there, ladies and gentlemen. He'd been home stabbing
his wife, faking a burglary. The prosecution had shown the linear
connection between the blood taken from Dr Harris's office on the same
day that Dooher had been there - indeed, within minutes of
when the defendant had been in the same examining room. And
then later this same blood, not even close to the most common type of
blood, and tainted with EDTA, had been splashed on Sheila Dooher's bed
and body. No one else but Mark Dooher could have done this. The jury
must return, Jenkins concluded, with a verdict of murder in the first
degree.
Farrell stood as though lost in
thought, scanning the yellow pages of his legal pad, on the table in
front of him, for a last second before pushing back his chair and
finally positioning himself in front of the jury box.
'Ladies and gentlemen,' he began,
then took another step forward and lowered his voice. This was now
simply a talk with these jurors, whom he'd come to know. Intimate and
familiar. 'I remember that back in school, when I was first being
taught how to write an essay, I had a teacher - Mrs Wilkins - and she
said if we only remembered three things about essays, we'd get an A in
her class.
'First,' he held up a finger,
'first you write what you are going to say. Next you say it. Then,
number three, you summarize what you just said.' He broke a smile,
homespun and sincere. 'I'm a bit of a slow learner, but I got an A in
that course. And ever since, I've been comfortable with that essay
formula. Which is why it's lucky I'm a lawyer, I suppose, because
that's a little bit what a trial is supposed to be like.
'We've been here over the last
couple of weeks listening to the evidence in this case, trying to
see if we can resolve one question, and resolve it beyond a reasonable
doubt: Does the evidence show that Mark Dooher, the defendant over
there' - he turned and pointed - 'that Mark Dooher killed his wife?'
Back to the jury, his voice now
harsher in tone, though still at only the volume of whisper. 'I'm going
to let you in on something, ladies and gentlemen. It does not. Not even
close. Let's look for a last time at what the prosecution has given you
to consider, what they say they have proven.' He stopped and looked back over his
shoulder at Glitsky and Jenkins.
'A motive? Certainly, a man who
apparently has been happily married for over twenty-five years to the
same woman would need some overwhelming and immediate reason to decide
to kill his wife in cold blood. The prosecution's theory is that
Mark Dooher did it for the insurance money. Now, forget for the moment
the fact that Mr Dooher is a well-paid attorney, that he owns a house
worth a million dollars, and that his retirement is secure. Forget all
that and focus on this question: Where's the proof of this motive
theory? Did the prosecution present any witnesses supporting any part
of it? They did not. No proof. No witnesses. A bald assertion with no
basis in fact.'
Farrell glanced at the clock -
3:15. He had a lot to say, but suddenly he knew with relief that he was
going to finish today. It was nearly over. He went to the table and
drank some water, then returned to the panel.
'Now let's talk for a minute
about the evidence of the crime itself, evidence found at the scene
which they contend proves beyond a reasonable doubt an
inextricable link between Mark Dooher and this murder.'
He stood mute before the jury
box, making eye contact with each juror, one by one. The process took
nearly fifteen seconds - an eternity in the courtroom. The silence hung
heavily.
Farrell nodded, including them
all. That's right. There is none. None. The kitchen knife with
fingerprints on it? Those fingerprints were left by normal use around
the house.
The surgical glove? Where's the
proof that it was Mark Dooher's glove, that he brought it to the scene?
There is none because that didn't happen. No, this glove was brought to
the scene by the burglar - by the murderer -and left there. That's all
we know about it, and it says nothing whatever about Mr Dooher.
' So we have no proof that Mark
Dooher was at the scene of the crime, no direct or circumstantial
evidence tying him to it. Next we must turn our attention to whether
Mark' - Farrell began purposefully using Dooher's first name - 'was
even in the neighborhood. Mr Balian says he saw his car parked a couple
of blocks away when it should have been in the San Francisco Golf Club
parking lot. But Mr Balian also says he recognized a brown Lexus
from diagonally across a wide street, in the dark.' Farrell shook his
head. 'I don't think so.
'And Mr Ross didn't see what he
said he didn't see at the driving range that night, either.' He put his
hand on the bar rail in front of the jury. 'You know, it's funny about
people. You and me, all of us. You ever notice how sometimes we say
something, and we're not too sure of it, but we say it anyway? Maybe
something we've seen, or a story from a long time ago where we don't
remember all the details so we kind of fill in what's missing with
something plausible? I think we've all had the experience - after we've
done this, especially if we've told the story more than once - of not
being able to remember what parts exactly we filled in.
That's what happened to Mr Ross.
I don't think he purposely perjured himself under oath here. No, he was
at the driving range that night, or perhaps on some other night he was
three mats from the end, and he remembered not seeing anyone at the
last mat. But he told Lieutenant Glitsky it was this night, and he was
stuck with that story.
'For those of you who might be
familiar with Sherlock Holmes, Mr Ross was the dog who did not bark in
the night. He saw no one. This testimony, even if it were true in all
its details, does not possess the same authority as if he said he saw
Mark picking his way through the hole in the fence. Perhaps Mark
wasn't there one time when Mr Ross looked up. Mark has admitted going
to the bathroom and getting a Coke. That testimony was
corroborated by the golf pro, Richie Browne. He says Mark Dooher
was there the whole time. So let's leave Mr Balian and Mr Ross.
The purported proof they offer is fatally flawed.'
Farrell let out a long sigh and
gave another weary smile to the jurors. 'You've heard that Mr Dooher
carefully sedated his wife. Then, after killing her, he made the scene
appear as though a burglar had done it.'
'Now, I ask you, if you were
going to plan this kind of elaborate charade, if it were your intention
to make it look like a burglar had been in your home, don't
you think you'd leave some sign of a forced entry? A broken window? A
kicked-in door? Anything? Ladies and gentlemen, this theory defies
belief.'
'I don't know about you, but I
kept waiting for some witnesses to appear and say they'd seen Mark
drive up, enter the house, drive away, anything. But I never heard
that. Not one witness came forward to say that. All I heard was Ms
Jenkins tell us she was going to prove it, and I kept waiting, and the
proof never came. And you know why? Because it didn't happen.'
'Now Judge Thomasino will be
giving you jury instructions, but I want to say a word about the
defense's burden of proof. We don't have to prove anything.'
'And yet Mark Dooher chose to
testify - to go through three or four hours of Ms Jenkins's questions -
so that he could tell you what he did do on the night of June seventh.'
'So what do we have? We have no
proof of
motive, we have no proof that Mark was at the scene of the
crime when it occurred, we have no proof that he was even in
the neighborhood at the time. In short, there is no proof at all,
much less proof beyond a reasonable doubt, that Mark Dooher is guilty
of this crime. There are no facts that convict him.'
Farrell was almost done. 'Ladies
and gentlemen,' he said. 'I'm a defense attorney. It's what I do for a
living. I defend people and try to convince a jury that the evidence in
a case doesn't support a Guilty verdict.'
He drew a breath. A trial was a
war. You had to do whatever it took to win it. Now he'd gone this far
and there was no turning back. He had worked tirelessly to convince the
good people of this jury that he was a man of honor, worthy of their
trust. And now he was going to lie to them.
God help him, he had to do it.
This case is different,' he said.
'Once in a career, a guy like me gets a chance to tell a jury that his
client isn't just Not Guilty, but that he's innocent.
'And that's what I'm telling you
now - Mark Dooher is innocent. He didn't do it. I know you know this,
too. I know it.'
Part Five
The way Dooher saw it, his
acquittal should have restored him to his accustomed power, influence,
and gentility. He'd been cleared of the charges, after all. That should
have been the end of it and perhaps would have been, if Wes Farrell had
not led the charge of rats from the ship, adding to the illusion that
it was, in fact, sinking.
He supposed it was because he had
never cultivated friends. The way it had always worked was that people
came to Mark Dooher. Not the other way around. They had always needed
something he could give them - position, money, esteem - but he did not
need them. He would give no one the satisfaction.
He had been the center of
Sheila's life, providing her with a house and an income and children,
but even in the early years she had never been his equal. That had been
tacitly understood.
And Farrell? Until the trial, Wes
Farrell wouldn't have dared presume that he was on the same level as
Dooher. The man's entire existence had been lived at a rung below
Dooher's. His clearly defined role had always been as fawning admirer
to whom Mark permitted easy access because Farrell amused him.
Flaherty - a friend? Hardly. The
Archbishop was a man who needed Dooher's advice and guidance, and who
paid for it. If he chose to believe that Dooher harbored any real
affection for him, that was a need of his own nature, not Mark's.
Their social life had always been
directed by Sheila. The occasional dinner in restaurants or at the
Olympic, a night at the theater or a movie with longstanding
acquaintances - that had been about the extent of it. Mark never
thought he'd miss it and he didn't; at least not specifically. Dooher
should have realized that Sheila's friends would shun both him and his
new wife, but he didn't miss anyone's personal company.
There was an emptiness, though, a
social void that filled him with a sense of isolation.
It wasn't fair and just, he
thought. The ostracism was as complete as it would have been if he'd
been found Guilty. He and Christina had married within a couple of
months of the trial and now, between them, had no friends.
And very little business.
Flaherty had led that
abandonment. Somehow, sometime during the trial, the Archbishop had
lost faith in his innocence. He had taken no joy in his acquittal; hadn't even called to
offer his congratulations. In the weeks after the trial, the legal work
from the Archdiocese had slowly but inexorably dried up, and with it
had gone the ancillary contracts from the network of agencies,
charities, schools, and businesses that were one way or the other tied
to the Catholic Church in San Francisco.
McCabe & Roth held on without
the Archdiocesan billings for seventeen months, though the layoffs
began almost immediately. First to go were the word processors. Then
the attorneys began having to double up on secretaries. Next the junior
associates started getting their notices. Morale went into the toilet.
A splinter group of four senior partners left with their clients to
form their own firm, getting away from the Dooher stranglehold.
Christina went back to work but
there was a lot of barely concealed resentment about her situation.
Engaged, then married to the managing partner, she was avoided by the
other associates and mistrusted by the partners.
Still, she was a game fighter and
threw herself into her role of reestablishing her husband's
credibility. She and Mark were together for the long haul. If none of
the lead attorneys would assign work to her, then she would do business
development, taking prospective clients to lunch or dinner, trying to
help any way she could.
She fought the guilt that she had
doubted him. Her actions must make that up to him. She would stand by
him when the world had let him go. It was romantic and noble and filled
her with a sense of mission and meaning. They would make what her
parents had made - a life built on trust.
She told herself that she did not
get pregnant to save the marriage. It had always been her dream to have
children, a family, a normal life. But things with Mark had gotten
difficult - his moods, darker than anything she had seen in their early
going. But the failure of his firm, his power dissipated, that was
devastating to a man.
A few weeks ago, it had come to a
head.
'Mark, please.'
'Just don't touch me, all right?
It's not working. It's not going to work.'
He violently threw the covers off
the bed in frustration, then stood up and immediately snatched at his
bathrobe, wrapping it around him. Turning, he grabbed the comforter
from off the floor and threw it back on the bed, snapping at her.
'Cover yourself, would you, for God's sake!'
'I don't need to cover myself.'
His jaw set, his angry eyes ran
down the length of her body, over the protruding belly, the swollen
breasts. She could not believe he could look at her like that. She
loved the way her body had changed in the past eight months.
'This just isn't doing it for me
right now,' he said.
'What isn't?'
'Us, if you must know. You and
me. All these doubts.'
'What doubts? I don't have—'
'You don't talk about them, but I
see them. You think I don't see what you're thinking? You think it
turns me on to see you trying so Goddamn hard?'
'I'm not trying anything, Mark.
Come to bed. Just hold me. We don't have to do anything.'
'I know don't have to do
anything. I want
to do something, don't you understand that? But I can't. I can't
with you! Nothing's happening.'
He swore and stalked out of the
room.
He hadn't felt any guilt or
regret. When he got arrested, it actually played into his hands.
Christina was sympathetically drawn to the grieving spouse, who was
tragically and wrongfully charged with murder. She would help defend
him.
It had been beautiful. He
couldn't have planned it better.
But now Christina was ruining
everything.
She pulled a flannel nightshirt
over her head and came downstairs, turned on the reading light next to
where he sat in the library, then crossed the room and lowered herself
on to the couch. 'I don't want to feel like it's not working with us
when we're about to have this baby. I don't like you thinking I'm not
attractive like this.'
'My problem is not how you look.
I said it upstairs. It's us. The way we are.'
She settled back into the
cushions. Her eyes flicked to the glass next to him, nearly empty.
'Yeah, I've been drinking. I
might be drinking more. Is that a problem?'
She stared across at him. 'Why
are you so hostile to me? What have I done, except stand by you,
support you? Don't you want this baby, Mark? Is that it?'
Defiantly, he drained the rest of
his drink before he answered her. 'No, that's not it.' He got up
abruptly, grabbed his glass and went over to the bar. He poured another
stiff one. 'I have always dealt from power, Christina. It's the only
way I'm comfortable. What works is when you want me, and I see how you
look at me now.'
'I don't look at you any way,
Mark.'
But he was shaking his head. 'You
loved who I was when you met me, when I was running the firm, when I
had a big dick...'
'You don't have to talk like
that.'
'I'll talk any way I want in my
own
house.'
She shook her head and stood up,
thinking she'd tried her best tonight. 'Okay,' she said, 'but I don't
have to listen to it in my house.'
She was all the way to the door
before he stopped her with a whisper. 'Don't you hear what I'm saying
at all, Christina?'
Taking a step toward him, she
spoke evenly. 'I don't recognize you, Mark.I know the firm failing is hard
and I don't know how you're dealing with it. But I'm not
trying to take away any of your power. I've been here for you, I've
kept trying even when—' She stopped.
'When what?'
'All right.' A few more steps, up
to his chair. She eased herself down on the arm of it. 'Even when I
found out you lied to me, even then.'
Narrowing his eyes, giving
nothing away. 'When did I do that?'
She had to get it out. She'd come
this far, maybe it would help. 'I ran into Darren Mills a month ago,
two months, something like that. Over at Stonestown. Remember Darren,
your old partner?'
'Sure, I remember Darren. What
about him?'
'During your trial, Darren wound
up doing a lot of work down in LA with Joe Avery. They got to be
friends.'
'Good for them.'
She ignored that. 'Darren figured
I'd be interested in how Joe was doing. He's still down there, you
know. He got on with a new firm.'
'I'm happy for him.'
She paused. His venom was
poisonous. She put her hand protectively over her stomach. 'Darren
mentioned Joe's transfer down to LA, how it had come on so suddenly.' A
beat. 'You told me Joe's transfer had been in the works for months.'
'I did?'
'Darren said that wasn't true.
You sprang it on the Managing committee a couple of weeks before it
happened. It stunned everybody. Joe hadn't even been up for partner for
another year, but of course they did what you told them they had to -
rubber stamp it.'
Dooher pulled a stool around and
sat on it. 'That's my terrible lie? That's it?'
'Yeah, that's it. And it made me
think . . .' She paused and started over. 'It made me remember your
explosion in the courtroom, when you blew up at Amanda Jenkins, and
then saying it had all been an act.'
'I got into the role.' He
shrugged. 'And so what did the other lie - that whopper about Joe Avery
- what did that make you think that you stopped yourself from saying
just now?'
Swallowing, she met his gaze. He
was unflinching, challenging her, casually sipping from his glass. He wanted
her to get it out in the open. 'It made me think you got rid of Joe
so he'd be out of the way. You knew it would break us up.'
'And then I could subtly court
you? While Sheila was still alive? And if you responded, then I could
kill her?'
She crossed her arms.
'Okay,' he said, 'let's say I did
that.'
'I'm not saying you did.'
'Oh, but you are, Christina.
That's exactly what you're saying. And if that were the case, then you
were part of it, weren't you? And for a sweet person like yourself, that's hard
to take, isn't it?'
He came off the stool, his hands
in the pockets of his robe, pacing in the area between them. 'So let's
say I did do it, let's say I killed Sheila because I had the hots for
you - and get this straight, Christina, I did. And you knew it. You're
not stupid. You knew it. So I killed her and now it's been almost two
years and I got away with it. Now you tell me this: how does that
change anything between us?'
'It changes who you are,Mark. It
would change everything.'
Hovering over her now, he shook
his head. 'No, it wouldn't.' He came down to one knee. 'I am the
same person.'
She couldn't face any more of it,
and she closed her eyes. 'Tell me you didn't do that, Mark. Please.
You're scaring me to death.'
'And I suppose I killed Victor
Trang for practice.' He put his hand around the
back of her neck. 'It's your own guilt that's eating you up, Christina.
Not mine. I don't feel any guilt.'
'Did you do it?' she
repeated.
'And the guy in Vietnam, too. And
raped Diane Price.'
'Did you?'
'What does it matter?'
'Please! I have to know.'
'No,' he said, 'you have to trust
me.'
She took his hand away from her
neck, holding it to keep it off her. 'When I know you've lied to me?
When you act so convincingly? When you're just so cruel? I need to
know, Mark. I need to know who you are.'
The eyes - at long last -
softened. Shaking his head, he let out a sigh. 'I don't even remember
this lie about Joe Avery, Christina. I don't remember what it was
about, when I told it, anything about it. If I told you a lie, I'm
sorry. The act I put on in the courtroom was a strategic decision. The
insane accusations got to me and I let myself lose my temper, which I
normally hold in pretty good check. That's all that was.'
'But were they insane, Mark - the
accusations? That's what I'm asking you.'
'How many times do I have to
answer that question, Christina?' He hung his head. 'God help the
accused. It never ends.'
'It can. It can end right now.'
'What's it going to do for us? Or
for me? I'll tell you again, no, I didn't do it, and then some other
doubt will come up in six months or a year, or you'll hear some new
story about something I did or didn't do in the Stone Age.'
'No, Christina, what's happening
here is I've got to keep proving myself to you, over and over again.
And I'm going to tell you the truth - it's wearing me down. You're
doing what Wes has done, what Flaherty did ...'
'What did they do, Mark? What did
they do?'
'They abandoned me, Goddamn
it! They didn't believe me, don't you see? They emasculated me. Except
with you, it's more literal. That's what tonight was about, all these
times it hasn't worked. I can't take your doubts anymore. What's happened is you
cut my balls off.'
'Mark
'No! We've taken it this far. I
don't feel like I'm a man around you anymore. I'm afraid the smallest
slip of the tongue, the tiniest slip in behavior, and I'm back on the
block being scrutinized and judged - and asked- over and over
again. Well, I can't do it. My body doesn't lie. I'm not loose. I'm not
having any fun. Nothing's easy anymore. It doesn't feel like you love
me.'
He put his hands under her shirt
and ran them over her belly, her breasts. She didn't want that - any
part of it. What was the matter with him? Couldn't he tell that?
But he had just told her it
didn't feel like she loved him anymore. And now, if she told him to
stop, it would be worse.
She no longer felt she knew what
the truth was. Maybe the whole thing was her fault, her weakness in not
being able to believe.
She understood why he wouldn't
tell her again, once and for all. He was right - it wouldn't be once
and for all. The last time she asked him, it had been once and for all
then, too. The question had been asked and answered. How many times did
she have to ask, and what damage did it do to him each time?
He was going to be the father of
their child, and her own inability to trust was threatening all of them.
But it wasn't all her. She knew
that. Something had darkened in him. His hands were still moving over
her, his breath quickening.
Maybe the darkness had always
been there and it had taken these troubles to make it visible. But the
way he treated her now, talked to her, it was coarse. He had coarsened.
She didn't respond to it and never would.
She felt his hands on her. He was
strong and powerful and she realized that she was afraid. Her skin
seemed to crawl under his touch. After all they'd covered tonight, she
couldn't imagine that he felt amorous. He pulled her shift up, brought
his mouth to her breasts.
God, what made him work?
He yanked at the rope that held
his robe and it fell open. He was hard, protruding. He took her hand
and put it on him, exultant at the simple functioning. 'Here's
something for you now.'
He pulled her underpants off -
quickly now, roughly - afraid that the moment would pass again.
No words. He was pushing her back
into the chair, opening her legs. There was a savage set to his jaw,
and emptiness in his eyes.
She could do nothing to stop him.
After the trial, Wes Farrell gave
up for a long time.
He decided not to cut his hair
again until something - anything - made sense. He stopped cleaning his
apartment, not much of his forte anyway. Enrolling in night classes, he
started taking history courses because everyone in them was already
dead and couldn't hurt him anymore.
As part of his decision to quit
the practice of the law entirely, he gave up the lease on his North
Beach office. He located and reattached the ten pounds he'd lost for
the trial, cut off his fancy mustache and mothballed his fancy clothes.
The world was a sham. People -
particularly charming winners - were scum. Any form of idealism was
delusion. Since a quick and painless suicide by, say, gunshot wound
smacked of commitment, he elected to pursue the more leisurely course
of gradual alcohol poisoning.
There had been a short window of
opportunity right as the trial was winding down during which he
considered calling Sam Duncan. After he'd read Diane Price's diary, he
knew he'd been an arrogant fool and was wrong on all counts.
After he'd heard from Flaherty
and decided to abandon the character issue, Wes realized he would not
have to cross-examine Diane Price. He would not have to take her apart.
And that, in turn, might
give Wes the chance to tell Sam that he'd come to believe her. He was a
schmuck. He loved her. Could they perhaps try again?
But Wes wasn't Mark Dooher with
his good timing and phenomenal luck. He was the punching bag for a
hostile universe. The Diane Price fiasco with her rogue firearm took
his play with Sam out of the game.
Since he was down anyway, Lydia
chose this moment to confide to him the tender tale of her and Dooher's
carnal union on the day of Sheila's funeral.
So Wes decided to sink for ever
into his quagmire of drink and despair over humanity. Lydia's story
strengthened his resolve against women in general. He couldn't let
himself forget that any commitment in the love area was bogus and
suspect and programmed for failure. And he'd had enough failure.
In what he took to be a sign of
his mental health, he forged a firmer bond with Bart, firing the
graphic designer in his building who had been taking the dog out for
walks. Wes started caring for Bart - albeit haphazardly - on his own.
The dark period lasted seven or
eight months, but the race riots that nearly destroyed the city in the
summer following the trial got his attention and he wound up being
coerced by circumstances into helping a fellow student who was being
framed for a racial murder, and making an unlikely ally in Abe Glitsky.
Finally, he'd done some good as a
lawyer.
So he cut his long hair and broke
out his old suits and started again.
And by then, time had healed some
of Sam's wounds as well.
He put the full court press on
her with apologies and flowers and apologies and dinners. And
apologies. He was an insensitive non-Nineties type of guy but he was
going to try and change. And he meant it.
Almost a year to the day after
Dooher had been found Not Guilty, they moved together into the upper
half of a railroad-style Victorian duplex on Buena Vista, across from
the park of the same name, not two blocks from Sam's old place on
Ashbury, not much further from the Center.
They were sitting in striped
fabric beach chairs on the tiny redwood deck that a previous tenant had
built within the enclosure of peaks and gables on the rooftop. They
were planning to barbecue large scampi on the Hibachi when the coals
turned gray. They were drinking martinis in the traditional stem
glasses. The latest CD from the singing group Alabama wafted up through
the skylight, the country harmonies sweet in the soft breeze.
Far down below and across the
street, they could see the light-green slope of the park, the strollers
and frisbee players, the long shadows, a slice of the downtown skyline
beyond.
It was the last week of May. The
weather had been warm for two entire days in a row - San Francisco's
abbreviated springtime. To the west, behind them, a phalanx of fog was
preparing for its June assault, and it looked like it was going to be
right on time and the long winter that was the city's summer would
begin on the next day.
As a favorite topic of
conversation, Mark Dooher did not make it to the Top 100 of their
personal hit parade, so Sam had been avoiding it for several hours, but
now she decided the moment was propitious. 'Guess who I saw this
morning?'
Farrell dug out his olive, sucked
it, then tossed it over to Bart, who caught it on the fly. 'Elvis? He
is alive, you know. It was in the Enquirer at the counter,
absolute proof this time, not like all those phony other times.'
'You know what I'm looking
forward to?' she asked. 'No, don't answer right away because it kind of
relates. I'm looking forward to some day I ask you a question like
"Guess who I saw today?" or "You know what I'm looking forward to?" and
you say, "Who?" or "What?" - whichever word happens to apply in that
given situation. I think that's going to be a great day, when that
happens, if it ever does.'
Wes nodded somberly. 'I'd pay you
a dollar if you could diagram that sentence - if it was a
sentence.'
'That's what I mean,' she said.
'That's a perfect example.'
'It is a problem,' he agreed. 'I
must not be a linear thinker.' Then, reaching over and putting a hand
over her knee, leaving it there. 'Okay, who?'
'Christina Carrera.'
She saw him try to hide his
natural reaction. He took in the information with a slow breath, threw
a look off into the distance, took his hand from her knee, sipped at
his drink. 'How was she?'
'She was pregnant.'
'You're kidding, yes?'
'I'm kidding, no.'
A glance, still guarded. 'Wow.'
'She came by the Center. No,'
sensing the question he was thinking, 'just to visit.'
'Catch up on all those good old
times?'
'That's what she said.'
'How long did you believe her?'
'I didn't check my watch, but
less than three seconds.'
'Good,' he said. 'That was long
enough. Give her story a fair chance. What did she really want?'
'Now, see, here - if I were you
I'd give you an answer like, "She wanted me to help her negotiate a new
treaty between Hong Kong and China for the new millennium." But I don't
say stuff like that. Usually. I try to be responsive.'
'That's because you're a better
person than I am. So what did she really want?'
'I don't know for sure. Just to
talk with somebody she used to know. Take a reality check. She was
scared and didn't know how to admit it.'
'I'd be scared too. Did you tell
her she was smart to be scared?'
'No. That wouldn't have helped.
We talked. Well, mostly I listened and she talked, pretending she
really had dropped in out of the blue to say hi. She was in the
neighborhood. And after a while the pretense kind of ran out of gas and
she got to it.'
Wes stood up and walked over to
the roof's edge, looking out across the park. 'He beating her?'
She was next to him, an arm
around his waist. 'No. She says not. It doesn't look like it.'
'How pregnant is she?'
'A lot. It looks like she's
getting close. Then after a while, maybe an afterthought to be polite,
she got around to asking a little about me, what I was doing, my
personal life. I told her about me and you.'
'Not all the good parts, I hope.'
Sam squeezed against him, then
lifted herself on to the edge of the roof. 'When I mentioned you, it
was like I threw her a rope. She said she'd looked you up, but didn't
know what she could say. She didn't believe you'd talk to her.'
Wes was silent. There was more
than a little truth to what Sam was saying, he probably wouldn't have
talked to Christina if she just walked in on him. During the trial, the
teams within the defense team had split up, obviously and cleanly - Wes
on one side, Christina and Mark on the other.
Afterwards, as his doubts about
Dooher grew, Christina made it clear she didn't want to hear them. Her
own agenda with Mark, her own priorities had taken over.
Then, when it was done, Wes had
felt the tug of his misguided idealism again. He had tried one last
time to get to Christina, to get her to consider, in spite of the Not
Guilty verdict, that their guy had done it.
Maybe his timing had been wrong -
it certainly wouldn't have been the first time - but she was already
wearing an engagement ring. That should have been his first clue. She
had asked him for proof, for something new that they hadn't
seen at the trial or during preparation for it.
And Wes had really blown it then,
coming right out and telling her that Mark had told him ...
'He told you? He admitted it?'
But Wes had to be honest. He
always had to be honest. Someday, he was sure, it was going to do him
some good. But this hadn't turned out to be the day. He said, 'In so
many words.'
'You mean he didn't tell
you and he didn't admit it? Is that what you're saying?'
At the time, Wes had ruefully
reflected that she sounded like him on cross. So by having Christina
watch him during the trial, cop some of his moves, he had probably
helped turn her into a lawyer. He wished, hearing her now, that he
could work up some soaring sense of accomplishment, but it just didn't
come.
Instead, he admitted that Dooher
had not admitted ...
And that had been that. She
wasn't going to consider it.
Farrell thought she probably
wouldn't believe it if Mark himself told her. She'd worked herself up
into being a true believer and Wes Farrell's niggling doubts only
served to reinforce for her the fact that she and Mark were in this
alone together.
She'd told him about his problem.
He was jealous that Mark had come to depend more upon her than on him,
that Wes's role in Mark's life was going to diminish, that. . .
He'd tried. He really had.
'I'll consider it,' he said.
'Okay,
I have. No. I don't think so.'
'She asked if I would talk to
you.'
'And you have.' He walked to the
other end of the tiny hollow in the roof. There was really nowhere else
to go. He turned back, facing her. They were going to have to expand
this deck, give him someplace to hide. 'And what am I supposed to say
to her that I didn't try to say last time?'
'I don't know. Maybe this time
she'll be disposed to believe you.'
'I don't care if she believes me!
I don't care what she believes!' His volume was rising. He heard it and
didn't like it. He didn't want to yell at Sam. He loved Sam. This
didn't have anything to do with the two of them. He tightened down the
control button.
'She's living with a murderer,
Sam. What am I supposed to tell her, exactly? Here I am, listen. "Hey,
look, Christina, maybe it wouldn't be too good an idea if you kept
living with your husband because, see - now how can I put a nice
pleasant little spin on this for you? - he kills people once
in a while. Not everyday, you understand, and I'm not saying he'll kill
you, of course, but just to be safe ...'" He shook his head.
'No, I don't think so.'
He put his hand up to his
forehead, combed his hair back with his fingers. 'And after that,
what's she going to do anyway? Leave?'
'She might. It might save her
life.'
'She could leave now. Save her
own life. It's not my job. No part of it is my job. Shit.'
Sam came toward him - she always
did this because it so often worked - and put her arms around him. 'I
think she wants to know what you know, Wes, that's all. She's carrying
his baby. That's a hell of a commitment. She can't just walk out. She's
got to be absolutely sure.'
'She'll never be sure, Sam. She
knows everything I know already. It's all in her head, damn it.' But
his arms came up around her, his head down to the hollow of her neck.
'When?' he asked.
'I told her tomorrow morning,'
she said, smiling sweetly up at him, going up on her tiptoes to plant a
kiss. 'Would that be a good time?'
Glitsky had moved in his
deliberative way back to the land of the living.
Nat, at seventy-eight, started
studying to become a rabbi. He was doing aerobic walking from Arguello
to the beach every single day and was never going to die, wasn't even
going to age any further, and for this Abe was grateful.
Glitsky's oldest son Isaac was
graduating from high school in a couple of weeks, and he'd turned into
a reasonable approximation of a young adult. On the day after
graduation, he was leaving on a bicycle tour of the West Coast with
three friends. He planned to be gone for most of the summer and had
been accepted at UCLA in the fall.
Jacob - his hip
seventeen-year-old - had gone on what Glitsky thought had been a mercy
field trip to the Opera with his godmother, one of Flo's old college
roommates. Over the howling derision of his brothers and his own
misgivings, Jacob had spent an evening in San Francisco's Grand Hall.
Then another. The experience - the grandeur, drama, emotion, tragedy -
had transformed him. Before too long he was going down for Sunday
matinees, standing in the back, buying discount tickets with his own
money.
He'd started buying CDs. First
the old duplex had been filled with the strains of the Three Tenors doing
songs. But in short order he'd branched out into arias, then
whole passages. He would study the scores, the librettos. He began
taking Italian, of all things, as a special elective in
school. Discovering that he had a rich baritone of his own, Jacob found
an instructor who said it could be developed.
And the youngest boy changed his
name. Living in the house of a half-black cop, the nickname O.J. had to
go, so now he was Orel James, his given name. The boy looked more and
more like his mother, Flo, each day.
Orel was still having a difficult
time. At school, he remained withdrawn. He did a lot of headphones
time, his Walkman. SEGA Genesis ruled the rest of his waking hours. And
he'd developed a stutter.
His older brothers didn't play
with Orel like they used to. Abe knew, heart-rending as it was, that
this was how it should be - everybody was growing up. The older boys
had their lives. Orel wasn't their responsibility anyway.
It fell to Glitsky, no one else.
He accepted it, and sometimes thought that somebody else needing him
was what saved him, what pulled him through it finally.
He had to start coming
home, to help Orel with homework, to go to parent conferences about his
boy, to be free on weekends. Abe had played college football - tight
end at San Jose State - and Pop Warner needed coaches.
Suddenly he found himself out
among humanity. Fathers, women, non-cops, other children. This was
disorienting at first, but then he and Orel would go out for a shake
afterwards and they'd have some things in common to talk about.
Football, then - startlingly for both of them - what they were feeling.
He started making it a point
whenever he could to be home in time to tuck Orel in at night, to sit
and see Flo's face in his son's and realize part of her was still
there, and listen to the stutter lessen as sleep closed in.
And then, gradually, starting to
hear the boy himself, his own voice and identity, what he was saying -
his secrets and worries and hopes - and sometimes he didn't know what
this feeling was for his baby, it was so strong. Where before,
he had barely known Orel.
Wondering - marveling - at the
seeds that could spring up after the forest had been felled and
cleared, he'd sit there, Orel sleeping with his breath coming deep, and
he'd rest his hand on the boy's chest in the dark. Empty.
Filling up.
Now he was washing the dinner
dishes, looking out his open back window into the Presidio National
Park. A glorious evening, the sky above dark blue, almost purple. The
day's remaining light had a peculiar reddish glow. Fog over the ocean.
The older boys, out doing
important end-of-school teenage things, hadn't made it home for dinner.
He heard Orel doing his spelling words with Rita, the letters coming
out clearly, one by one. No stutter.
The telephone rang and he dried
his hands, picking it up on the third ring, another change for the
better. It used to be on one, always.
At home now, when the phone rang,
it wasn't always for him. Girls would call for the boys. Also other
guys. For years, Glitsky's greeting had been to growl his name. Now he
picked up the receiver and said hello, just like a regular citizen.
'Abe?'
'Yeah.'
'This is kind of a strange call.
A voice, as it were, from the strange and distant past. Mostly strange.'
Glitsky, standing at his kitchen
wall phone on this Thursday night, couldn't place it. He knew it, but
not well. Whoever it was had his home phone number, so though mostly
strange, it couldn't be too distant. Then the tumblers fell. 'Wes?'
'Very good, Lieutenant. I'd even
say excellent. How've you been this fine past year?'
'I've been good, Wes. What can I
do for you?'
Farrell spent a couple of minutes
running down some background on his meeting tomorrow with Christina
Carrera. Glitsky listened without interrupting.
Glitsky had survived the
political fallout from the Dooher trial, and over the past year and a
half had distinguished himself in his job to the point where he felt
relatively secure in it.
But Dooher was unfinished
business. Any mention of him got all of Abe's attention right now.
Farrell concluded, 'If she's
getting ready to walk away from him, I'd like to give her a hand. It
looks to me she's gotten to where she knows what he's done, but she
still can't face it. She's going to want something more.'
Glitsky was sitting on a chair at
the kitchen table. 'So what do you need from me?'
'I don't know. I thought you
might have come across some evidence since the trial.'
Glitsky was not unaware of the
irony. The defense lawyer who'd convinced a jury that his client was
Not Guilty was now asking if they'd turned up any new evidence to
convince a colleague that he'd been guilty after all. 'I gave
everything to Amanda Jenkins, Wes. When Dooher got off, the
investigation ended.'
There was a pause. 'How about
Trang? That case is still open, isn't it, technically?'
Glitsky admitted that it was,
although by now it was what they called a skull case - long gone and
all but forgotten. 'Trang hasn't been taking up a lot of my time, Wes.
We got called off on that one, you may remember.'
Farrell felt as though he
deserved the rebuke, but he persisted. 'What I'm trying to do,' he
said, 'is give her a taste of what you've got, what you had.'
'And then what?'
'I don't know. It might save her
life.'
'He threatening her?'
'I don't know. But I don't know
if he threatened Sheila either. Or Trang. Threats don't seem to come
with the package.'
Glitsky knew what Farrell was
saying. This man plotted and struck. He wasn't going to telegraph any
moves. 'So what do you want?' he repeated.
'Maybe your file on Trang? I
never saw any of that. I don't know what you had.'
Repeating it got Glitsky's blood
flowing. Maybe they could still get this guy. Maybe Glitsky could close
the circle once and for all with him. But, as was his way, he kept the
enthusiasm out of his voice. 'We had the same kind of circumstantial
case we built for the trial. Conflicting witness interviews, a motive
that only worked if you knew what you were looking for. We never found
the bayonet.'
'But you were sure? Personally?'
Glitsky went over the
discrepancies between Dooher's version of his phone calls to Victor
Trang on the night of his death, the computer files Trang had kept, and
the interviews with Trang's mother and girlfriend. 'All of that, taken
together - I knew it wouldn't fly at a trial. We needed some physical
evidence that put him in Trang's office. The closest we got to that was
the cellphone trace. For me, it was enough. The DA didn't agree.'
'You think it might be enough for
Christina?'
Glitsky considered it. 'I don't
see how it could hurt.'
After Wes has hung up, he walked
into the living room where Sam was sitting in the window seat, staring
out at the fog.
'Whoever wrote that stuff about
little cats' feet?' she asked. 'This stuff comes in on a steamroller.'
Wes got to her and looked out the
bay window. He could barely make out the lights directly across the
street. 'Glitsky says he'll send over some stuff, but maybe not by the
morning.'
'You know,' Sam said, 'I was
listening to you in there talking to him. What was the moment for you,
finally?'
He didn't have to think for long.
'Diane Price. That diary. When it was obvious that she wasn't
lying.'
She nodded. 'You've still got
that, don't you, somewhere in your well-organized files?'
'I never throw anything out, you
know that.'
She patted his cheek. 'It's one
of your many charms.'
Christina almost canceled.
The weather was terrible. Dense
fog, forty-mile-per-hour gusts of drizzly wind, temperature in the low
forties.
On top of that, the baby had
kicked all night. She'd only slept three hours. She was exhausted.
Part of her wished she could undo
having gone to see Sam yesterday. It put things in motion somehow, made
her feel as though she had betrayed Mark. But living with him had
become a daily exercise in controlling fear.
Day-to-day, Mark wasn't acting in
a threatening way. He went off to his office - one room and a reception
area on the sixth floor of Embarcadero One. He would call sometime in
the late morning to check and see how she was feeling. Often he wasn't
in the office in the afternoon; she didn't ask where he'd gone.
He played golf, kept in shape at
the squash courts, went to lunch with business acquaintances. His world
hadn't ended. To the objective observer, he was back - almost - to his
normal, charming, confident self.
Since their last episode, though,
a fault line ran through their lives. She couldn't shake the feeling
that Mark had manipulated her to a place where she didn't feel she
could refuse to have sex with him.
Fear.
She realized that the nebulous
worries and doubts had coalesced into real fear. The sex since then had
been frequent, impersonal, so rough she was afraid for the baby.
He was her husband. You
had to trust your husband.
She could leave. If it got any
worse, she told herself she would do that. She would protect the baby -
that was the greatest imperative.
But she kept trying to be fair.
All of Mark's other friends had abandoned him. Could she join that
parade?
She didn't trust herself, that
was the problem. What if she were wrong? This could all be her own
paranoia, the rush of hormones, another typical episode in her
seemingly lifelong quest to have her relationships fail.
She always found an
excuse, didn't she?
This was why she couldn't tell
her mother, though they talked on the telephone three times a week. She
could not bring herself to admit out loud that there was anything wrong
in the marriage. She and Mark were happy happy happy.
She also couldn't afford to let
her parents develop any doubts about Mark. She'd worked so hard to
convince them that he was innocent. If this marriage failed, it would
kill her mother. And Christina would appear a fool to her father.
So yesterday she decided she'd
talk to someone she liked, even though she knew that Sam didn't have
anything approaching an objective view.
And when she'd found out that Sam
and Wes Farrell were together, a couple, she let herself revel in the
sense that, somehow, she could get the answer. Wes would ... but again,
what could he do?
It was a mistake. She knew what
Wes was going to say. And once he did, once it got to that stage, there
wouldn't be any more excuses. She was having a baby any day now. This
was not the time.
She couldn't do it. She couldn't
go. She would just call Wes and cancel and say she'd been having a bad
day yesterday. That's what it had been.
Sitting on one of the stools by
the marble counter in the kitchen, she got the number from the phone
book and wrote it on the pad by the phone. She punched up the prefix,
then stopped and hung up, watching the fog outside. The baby kicked
inside her.
A tear coursed down her cheek.
Wes had rented a converted
shopfront on Irving Street at 10th Avenue. Compared to his old office
in North Beach, this one was a high-tech marvel in blond woods and
glass block, skylights and decorative plants. He had a full-time,
computer literate secretary/paralegal named Ramon. He'd even broken
down and decided an answering machine would be appropriate.
Wes was behind his desk,
pretending to be taking notes from the Evidence Code. Christina sat in
the teak and leather chair, reading Diane Price's diary. Other than
obviously exhausted, Wes thought she looked - big surprise - terrific.
She wore jeans, a pair of well-worn hiking boots, a black, heavy
sweater with a cowl neck.
He decided that Sam had been
right about Dooher not beating her, though perhaps, Wes thought -
non-Nineties insensitive jerk that he was - in some ways it might have
been better if he had. He knew Christina was strong, intelligent and
aware enough not to accept anything overt of that nature. If
Dooher hit her, she'd be gone.
But Dooher wasn't overt. That was
his thing.
He could tell when she finished
the first half of the diary - where Diane was going out with Dooher the
next night and she 'couldn't wait'. He imagined his own face had taken
on the same confused expression.
She looked up at him. 'It just
ends.'
'Keep reading,' he said.
When she got to the next entry -
the only other one - she sat still for a long time. Then she flipped
the final pages, closing her hands over them finally, staring at the
floor or somewhere just above it. She was finished.
He spoke carefully, quietly. 'I
don't think she wrote that as a publicity stunt for the trial. I think
that's genuine.'
Christina's head was bobbing, as
though she were conferring with herself. 'Something happened,' she
agreed.
He didn't push. 'Anyway, I
thought you should see it.'
'Why didn't you show me this
during the trial?'
A good question. He wasn't proud
of himself and it showed on his face. 'My first reaction was that if
you read this, you wouldn't be as effective if you had to cross her. So
it was need to know. Then, after Flaherty bailed on us, I knew we
weren't going to do character, so Jenkins would never get a chance to
call her. It became moot.'
'But not for me, Wes. It must
have been obvious I was getting involved with Mark. If I'd seen this...'
'You wouldn't have believed it,'
he said. 'You would have called it a forgery or a fake of some kind.
Think about it.'
Silence.
'You remember that Mike Ross
never caved under my pretty intense attack? You know why? Because he
knew what he'd seen. He was facing Mark's tee and saw a lot of air
where Mark should have been if he'd been there, which he wasn't.'
She took a breath, blew it out
hard.
'You want to meet this woman,
Diane - talk to her? I know her pretty well by now. There's nothing
flaky about her. Mark raped her.'
The tears started again, without
sound or movement of any kind. He figured it was as opportune a time as
any. 'I've got to tell you something else, Christina.'
Her gaze came up to him,
expressionless.
'On the day of Sheila's funeral,
after everyone else had gone home, Mark and my ex-wife had sex on the
floor in the living room of your house. So much for the grieving
husband.'
She took it calmly, as she had
the rest, nodding. In shock.
Wes's intercom beeped softly. He
picked up his telephone. 'I said no interr— who?' He sighed. 'Okay,
send him back.'
Farrell stood by the door,
holding it open.
Glitsky appeared in the hallway.
'Sorry I didn't call, but I went in early and down to Records, found
the file and had an appointment out here anyway. You said you needed it
sooner, so I thought it would save time to run it by.'
Farrell took the file, gesturing
him inside. 'I believe you know Christina.'
She had tried without great
success to fix her eyes. Glitsky, trained investigator that he was, saw
the blotched mascara, the redness. 'Am I interrupting?'
Shaking her head no, Christina
looked up at him. 'I don't know what to do,' she said. 'What's that
file? Is that about Mark?'
'It's about Victor Trang.'
Farrell had the file in his hand and was moving back to his desk. 'But if the
Lieutenant's got five minutes, he can probably do the short version.'
It took more like a half-hour.
Glitsky had pulled over the other wingchair from across the room and
sat kitty-corner to Christina while Wes perched himself on the end of
his desk. When he'd finished, Abe spread his hands. 'So unless you want
to believe that Trang was laying this elaborate scam on his mother and
girlfriend, creating bogus records in his own file that matched the
exact times of real calls he got from Dooher, all the while
knowing for a fact that he had turned down Flaherty's six hundred
thousand dollar offer in the hopes of getting more . . .' He trailed
off. The conclusion was inescapable.
'You're saying Mark killed him,
too?' The eyes had dried by now, had taken on a glassy look that
Glitsky had seen in survivors of hostage situations. In a sense, maybe
that's what she'd been through, was going through still.
He nodded. 'That's what I
believe, yes. There is one other thing - you ought to know. It wasn't
brought out at trial.'
'Okay.'
'There were very distinctive
stripes in blood on both Victor Trang and Sheila Dooher. You can
compare the crime-scene shots. The killer of both of them wiped the
blade on their clothes. And remember Chas Brown?'
She nodded. 'Thomasino wouldn't
let him testify?'
'Yeah, him. His story - the guy
in Vietnam, Andre Nguyen? The first interview we did with him, he volunteered
that your
husband told him he'd wiped his bayonet blade off on
Nguyen's pajamas. It's the same M.O. You can believe me or don't, but
it's as true as anything gets.'
Wes went on with the double-team.
'One last thing, Christina, and I'm glad Abe's around to hear it. I've
gone back over this case now nine ways from Sunday, and it was all by
the book. All the reasons Mark gave us why Glitsky was somehow out to
get him - we were just primed to believe them. We got sold a bill of
goods.'
Christina wasn't much in the mood
for a lecture on how the justice system worked or didn't. On how she
and Wes had been less than ept. She pulled down her sweater and got
herself to her feet. 'I want to thank both of you for your time,' she
said.
It was a dismissal. She was
picking up her purse, grabbing her jacket from the peg next to the door.
'If you decide to leave him,' Wes
said, 'go someplace he won't think to look. And let us know, would you?'
She nodded, although she didn't
really seem to be in agreement. She was inside herself. Throwing them
both a last ambiguous expression, she went out the door.
Farrell was back on the corner of
the desk. 'So what's she going to do?'
Glitsky shrugged. 'I believe her
exact words were that she didn't know. If she's got brains, she'll get
out.'
'I don't think brains is the
problem. This was something I had a pretty hard time with myself, and
she's pregnant with his baby. Thinking about it doesn't seem to help.'
'Well, I hope it helps a little.
I would hate to get another call about one of Dooher's wives.' If
Glitsky knew anything, he knew about murderers - the first killing was
the hardest and if you got away with it, the second was easier. And if
you got away with that...
But the topic rattled Wes and he
stuck with it. 'Why would he do that - kill Christina?'
'I don't know,' Glitsky said.
'Maybe he won't.'
'But you think he might?'
Standing, Glitsky thought it was
time for him to go. He didn't like dealing in hypothetical. His job did
not begin until something had actually happened. Until then,
speculation wasn't much more than a parlor game. But he didn't want to
alienate Farrell - he might need him, after all. For the time being at
least, they were on the same side, and Glitsky had the germ of an idea.
'Yeah, I think he might.'
'But why?'
'Why did he kill Nguyen, or
Trang, or his wife? He didn't have to do any of those people, did he?
So what's that leave? I'll tell you - he likes it. He likes tormenting
you with it, he likes rubbing my face in it, he likes living with the
fact that he's done it. Most of all, though, you want my take? He
likes the moment.'
Farrell's shoulders were slumped,
his hands clasped in his lap, and he nodded, agreeing. 'The funny thing
is, I've seen him that way. You'd think I'd have figured it out.'
'Seen him what way?'
'I mean hurting people - his
kids, Sheila, waiters, anybody. Those moments when he was in the middle
of hurting somebody, you could tell there was some level at which he
liked it. But afterwards he'd be so sorry, go back to the charming
act.' He shook his head, disgusted with himself. 'Really, all you had
to do to stay Mark's friend was never to get in his way. Don't cross
him. Let him have whatever he wanted. Which between the two of us
wasn't a problem. We wanted different things.'
Glitsky moved toward the door.
'Well,' he said, 'you know now.'
Farrell took up the Trang file.
'You want this back? I don't think Christina needs it.'
'No. It's a copy. Why don't you
look through it? Maybe your sharp attorney's eye will see something we
missed. Although I doubt it.' He grabbed the doorknob.
'Abe.' One last thing. 'Really.
Is there anything we can do about her? I've got the same instinct as
you do - let the thing work itself out, but Sam wants to help. She's
not going to let it go.'
Glitsky shrugged, glad it was
Farrell's problem, his girlfriend's problem. 'Here's the deal, Wes.
He'll either leave her alone or he won't. I can't do anything until he
does.'
'I hate that part,' Farrell said.
'If it's any consolation,' Abe
replied, 'it's not my favorite either.'
Dooher saw that Christina's car
wasn't in the garage, but didn't think anything of it. It wasn't
uncommon. She had a life - she wasn't a prisoner.
He let himself in through the
side door and was immediately aware of the silence - a profound and
ominous stillness. Standing there in the laundry room, by the alarm
box, he listened - had the electricity been shut off?
He turned on the kitchen light.
No, that wasn't it.
Silence.
'Christina!'
No answer.
Probably out shopping.
He had been thinking they'd go
out to dinner. He'd gotten himself a decent referral from one of his
old partners today. It looked like he was going to be getting work
subbing on an asbestos lawsuit. If it came through, the job could be
milked for a couple hundred hours.
Christina would be glad to hear
about it. They'd celebrate. Get her out of the dumps she'd been in
lately. It was really a pain, tell the truth, dealing on this level
with female hormones.
He grabbed a beer from the
refrigerator, twisted off the cap. Once Christina had this kid, he was
thinking, he'd talk her into getting a nanny and put her back to work.
She was better when she worked,
when he kept her busy. She was one of those women who wanted to please.
You kept them focused on the trees, they never saw the forest which,
basically, scared them.
Christina loved cutting the
trees, though. She loved clearing the brush around the trunks, pruning
the foliage. At the end of the day, Dooher would tell her what a good
job she'd done, what needed to be done the next day. She'd been happy.
And she loved him because he counted on her. He made her feel
important, needed, fulfilled.
He could fix things between them,
he knew he could. As a pure physical specimen, she was worth all the
trouble, because she was who he deserved. She was the one he wanted.
So he'd tough it through the next
couple of months, and she'd get back to the way she'd been when she'd
been trying to save the firm. He'd get her back.
This interview today was a sign
that things were turning around. His potential new client didn't
mention his notorious trial of over a year before.
It was all fading into the
background, where it belonged. And about time, too. Where was she?
He removed a frozen stein from
the freezer, opened the plastic container of chocolate chip cookies.
Poured his beer. There was the pile of mail on the marble counter and
he walked over to it, flipping through the usual bills and
solicitations.
The telephone. There she was,
calling in.
'Hello.'
'Mark, it's Irene.' Christina's
mother, checking in. 'How are you doing?'
'Outstanding,' he said. 'How
about yourself?'
She was great, Bill was great,
the world was a beautiful place. Mark's business was going along fine.
No, the weather here had turned cold again. Maybe he and Christina
should come down to Ojai for a couple of days this month, get away from
the gray. She was out shopping just now, but he'd tell her she'd
called, and he was sure she'd get back to her later tonight.
He reached for the little green
post-it square next to the telephone and pulled off the top page, where
there was a number in Christina's handwriting.
Popping the last of his cookie
into his mouth, washing it down with beer, he went upstairs to get into
something more comfortable.
Lord, it was a big house.
Completely re-done, of course, since Christina had moved in - more busy
work, more trees to trim. There was no sign left of Sheila.
He looked in at the library,
crossed the foyer, climbed the circular stairway. At the door to the
bedroom, he turned on the light and stopped still.
Something here - as when he'd
entered the house - something felt wrong.
The top to Christina's dresser
had been cleared of all her bric-a-brac - their wedding portrait,
pictures of her parents, the small jewelry box, a precious (to her) row
of carved soapstone seals, her perfumes.
What the hell. . .
He grabbed the handles of the top
drawer - her underwear - and pulled it quickly out toward him. Then,
more quickly, the next one down - pants. The next - sweaters and shirts.
Empty, or nearly so.
Empty enough.
He raced into the bathroom. Her
toothbrush was gone, her combs. Wait wait wait, slow down.
She's having the baby, he told
himself. She must have tried to call him and ran out of time. She'd
driven herself to the hospital. That was it.
But he had had the cellphone with
him all day. He would have gotten the call. Still . . .
He checked downstairs in the
foyer closet. The small suitcase was gone. It was the one they'd packed
for the delivery. All right, he thought. She's in labor. He'd call the
hospital and get down there.
But something else struck him -
the large suitcase was missing, too.
At the phone now, he called St
Mary's to see if she'd been admitted. No. Unwilling to believe anything
else, he told himself again that she had to be in labor somewhere. He
tried the other hospitals - Shriner's, the University of California
Medical Center.
He punched at the redial feature
on the phone and waited while it rang. Irene Carrera answered again,
but he'd just spoken to her and she'd known nothing. Surely, if
Christina had been in labor and hadn't been able to reach him, she
would have called her mother. He hung up without a word.
She'd left him.
The post-it he'd stuck on the
wall had a telephone number with Christina's handwriting. It might tell
him something, might be someplace to start looking. He entered the
numbers and listened to the message.
Farrell.
Okay, he told himself. Okay. Just
think. She's gone, but it couldn't have been too long ago and it
probably wasn't very far. And she hadn't yet told her mother, that was
for sure, so she was staying close.
Maybe she was planning to call
him, to give him a chance to talk her back.
She wasn't going to do that.
He'd have to find her and get her
and bring her back. She was carrying his baby, Goddamn it.
Even if he didn't want it, it was his. And women just didn't walk away
from Mark Dooher. He was not going to let that happen.
So she got Farrell's number, but
hadn't called him, at least it hadn't been the last call from this
phone. The redial told him that.
He was trying to figure it. The
last call from this phone had been to her mother, but he had just
talked to Irene, and she knew nothing. So what was going on? And where
did Farrell come into it?
If she wasn't in labor - he
shouldn't be kidding himself, she wasn't - that meant she'd at least
looked up Farrell. It had to be for protection. From him.
He hit Farrell's numbers again.
When the machine answered, he spoke calmly. 'Wes, it's your old friend
Mark Dooher. Would you call as soon as you get this message? It's very
important, about Christina. If she's in labor and you know it, would
you let me know. I'm worried sick.'
Hanging up with exaggerated care,
Dooher sat immobile on the kitchen stool.
Farrell, that ne'er-do-well
busybody. Doesn't he know better by now - he ought to - than to go head
up against Mark Dooher? If it came to a fight, Mark would destroy him.
He always had, always would.
Christina hadn't been lying to
Farrell and Glitsky - she didn't know what she was going to do. The
only certainty was that she had to get away from Mark. She had to
protect the baby.
She would stay near her doctor,
Jess Yamagi. If he delivered the baby, it would be fine. It was about
all she was sure of anymore.
She had checked into a motel room
on 19th Avenue near Golden Gate Park, not far from the hospital. A kind
of exhausted clarity had kicked in. She was too pregnant to get to her
parents' house anyway, to do any real traveling at all. With the
stress, she'd had contractions on and off throughout the day.
The thought of having to face her
parents with another failure was almost worse than the failure itself.
She would have to call them eventually to let them know, downplaying it
at first to get them used to the idea, but it was going to be awful. It
would have to be done, she knew that - but later.
She realized she didn't have any
important phone numbers. The Duncan/ Farrell home was unlisted. She had
to call information for Farrell's number and left a message with him.
The Crisis Center was also closed up for the night. She didn't leave a
message.
The contractions were irregular,
but they were continuing. She got into the bed, turned the television
on, and pulled the covers up around her.
Farrell had reached Glitsky at
his office near the end of the day, and told him he'd remembered
something Abe hadn't known. It wasn't in the Trang file, but it might
be important. About Jim Flaherty.
Since he'd made Lieutenant,
Glitsky had learned that it was bad luck to subvert the regular
channels and lines of command. Credibility was all. If Abe called on
the DA in his official capacity as the head of Homicide and requested a
meeting, the DA had to know he wasn't trying to sell bingo tickets.
Glitsky first discussed Farrell's
information with Dan Rigby, the Chief of Police, and Rigby told him
that if the DA said it might go somewhere, he could move on it.
Otherwise, it was a waste of company time. Having obtained Rigby's
permission, Glitsky called the DA.
Which was why he was back
downtown on this Friday night after a quick meal at home with Rita and
the boys. He and Paul Thieu walked into the office of the new District
Attorney Alan Reston. (Chris Locke, who had been the DA during the
Dooher trial, had gotten himself killed - shot to death during one of
the race riots that had rocked the city the preceding summer.)
Glitsky had come to admire
Reston, a mid-thirties African-American. He was as political as Locke
had been but, unlike Locke, had within this century put quite a few
actual criminals behind bars.
Reston's face was black marble,
smooth and unlined, under a closely trimmed Afro. His tie alone had
more colors than Glitsky's entire closet, and the suit couldn't be
bought for a week of Abe's pay. But he was a professional prosecutor,
and for that, Glitsky could forgive the fancy clothes.
Everybody shook hands. The
politician naturally remembered Paul Thieu by name, and he directed
both the officers to chairs in front of his desk. He went around to his
own seat and didn't waste anymore time on amenities. 'What do you
have?' he asked, straight out.
'How much do you know about Mark
Dooher?'
Reston hadn't been in the city
during the Dooher trial, so his recollection of it was vague. Glitsky
went over the facts. Reston had his hands crossed on his desk and,
listening, didn't so much as twiddle his thumbs. When Glitsky wound it
up, he waited ten seconds to make sure he'd finished, then spoke. 'And
the point is?'
Paul Thieu popped in. 'We never
tried him for Trang, sir. Locke pulled us off the case, and Thomasino
ruled
any mention of our investigation inadmissible at the trial.'
Reston looked confused. 'Who's
Trang?'
'Paul.' Glitsky, stopping his
subordinate. 'The point, Alan, is that this man's a multiple murderer
and I'm afraid he's going to do it again.'
Reston remained cool. 'Well,
then, isn't the usual procedure to wait until he does, then collect the
evidence he's so kindly left us.'
'Yes, sir, no question that is
s.o.p.'
Reston opened his hands. 'Well?'
'Well, that brings us back to
Victor Trang.' He turned to Thieu. 'All right, Paul. Now.'
It was a little bit like turning
a terrier loose. In under five minutes, Thieu outlined the entire
history on the death of Victor Trang - the proposed settlement on the
amended complaint with the Archdiocese, the computer notes, his mother
and girlfriend, Dooher, the Vietnam connection, the bayonet - wiping
the blood, the cellphone ...
Again, Glitsky cut in. Paul could
get a lot of information on the table in a hurry, but it could
overwhelm, and Reston's eyes had begun to glaze. 'We had a case
building - circumstantial, but righteous. And then Locke pulled it.'
'Why did he do that?'
'I think he did a favor for the
Archbishop.'
Reston frowned. 'You're saying
Chris Locke downloaded a murder investigation? That's a hell of a
strong accusation, Abe, especially against someone who isn't around to
deny it.'
This response was expected, and
Glitsky shrugged it off. 'Locke told Rigby' - the Chief of Police -
'that he wasn't going to try a circumstantial case against Dooher. He
wanted to see physical evidence - the bayonet, an eyewitness or two,
fibers or soils or fabrics, something.'
This made sense to Reston. 'He
wanted to win if it went to trial. There's nothing sinister there.'
'I understand that. And as it
turned out, we got a warrant and tore his place apart and didn't find
anything.'
Reston shook his head. 'I'm
afraid I don't see where this is going. You got some new evidence?'
Thieu, unable to restrain
himself, up on the front of his chair. 'The Archbishop. Flaherty.'
'What about him?'
Glitsky: 'He's the one who
convinced Locke to back off. He talked Locke into keeping the Trang
murder out of Dooher's trial. I talked to Dooher's old lawyer today -
Wes Farrell. . .'
'A defense lawyer?'
'Farrell's a good guy. He and
Dooher don't get along anymore. His news was that Flaherty went
sideways on Dooher's character testimony. He found something out.'
'You think?'
'We can find out. Flaherty's not
a fan of mine or I'd ask him myself. Since the trial he's pulled the
plug on all contacts with Dooher's firm. He should have led the
cheering when Dooher got off. Instead, he cut him out.'
'I'm listening.'
'Ask Flaherty.'
'Ask him what?'
'Ask him why he and Dooher aren't
playmates anymore.'
'And?'
'Then we know something, don't
we?
We've got new evidence. We try to build the case. We brought up all the
files - you can check 'em out. A guy named Chas Brown—'
Reston held up a hand. 'I will.'
'Fine. And meanwhile we keep
looking for the good stuff. Above all, we take Dooher off the street
again. Maybe save a life or two.'
'Whose?'
'I don't know. His new wife's
maybe. My guess is she's leaving him, and that's going to stir up the
pot.'
'Saving lives isn't the job, Abe.'
'I never said it was, Alan. But
wouldn't it be nice?'
'You want to get him, don't you?
You got a hard-on for Dooher?'
But Glitsky had been down this
road enough times. He knew where the potholes were. 'I see a way to
take a dangerous man off the street legally. It's a skull case we can
close. That's all Dooher is. It's nothing personal.'
Reston considered. 'That's a very
good answer.' Telling Glitsky he didn't believe him. But he nodded.
'Okay. I'll call Flaherty, see what he says.'
It didn't take any time at all.
Glitsky and Thieu were talking
over the relative merits of a no-warrant arrest - picking up a suspect
without a warrant signed by a magistrate - and had pretty much reached
the conclusion that in Dooher's case, it wouldn't be a great idea.
Dooher wasn't acting like he was going to flee the jurisdiction. He'd
committed no new crimes that they knew of. If Glitsky and Thieu just
went in and arrested him on their suspicions, they'd open themselves up
to charges of false arrest, harassment, police brutality.
On his desk, the telephone
sounded. 'Glitsky.'
When he hung up, he told Thieu
that it had been the DA. 'Flaherty told Reston he's got no personal
knowledge of any crimes committed by Mr Dooher. Emphasis added. If
there's evidence he committed a crime, we ought to pursue it
vigorously. His words.'
Thieu broke a grin. 'What do you
say? Let's do that very thing.'
At 10:18, Sam had her feet up and
was reclining in the barco-lounger. She was vastly enjoying the
political philosophy of Al Franken, laughing aloud every two minutes.
Bart slept under the table and Wes was in a chair at that table
perusing the Trang file -
there had to be something in it.
The doorbell rang and Bart raised
his head and barked. Wes looked a question over at Sam. 'This time of
night?'
'We don't want any,' Sam said. 'I know.'
He closed the Trang file and
stood up. Crossing the living room, giving an affectionate tug on Sam's
toe as he passed her, he got to the stairs and turned on the outside
light.
Half of their front door was
frosted glass, and a man's silhouette
was visible behind it. Farrell
paused with a premonition, then spoke to the door. 'Who is it?'
'Mark Dooher.'
He opened the door halfway, but
kept a hand on it. The sight of Dooher, on his stoop in the fog, made
his mouth go dry.
The damn physical reactions. His
heart was turning over. 'What do you want?'
'That's not the friendliest
greeting I've ever heard, Wes. How about, "How you been?" or "Long time
no see?"' When Farrell made no response, Dooher cut to it. 'I'm trying
to find my wife. She here?'
'No, she's not here. Why
would she be here?'
'She called you today.' It wasn't
a question. 'You saw her. I think you know where she is.'
'I don't have any idea where she
is.'
A coldness in the eyes. 'I
think she's here.'
Behind him, Wes heard Sam's voice
at the top of the stairs. 'Who is it, Wes?'
Dooher's eyes narrowed. He tried
to look up the stairs around Farrell. 'Finally getting some, are you?
She pretty?'
'Get lost, Mark. I don't know
where Christina is. I didn't know she was leaving you, though I don't
blame her. She got an earful of the evidence on Victor Trang today. I
think it kind of bothered her.' He turned around to Sam. 'It's Mark
Dooher.'
'So you did talk to
her?'
Damn. Farrell had to stop giving
things away. He had to remember who he was talking to. 'How did you
know where I live?'
A condescending smile.
'Parkers.'
Lord. Wes was pathetic.
When the Parkers Directory - the lawyer's guide to other lawyers - had
sent him their update form, he'd filled in his address here on Buena
Vista. He hadn't opened his new office yet, hadn't wanted to lose any
business. Stupid.
Sam put her hand flat against his
back. He hadn't heard her come down the stairs.
Dooher kept up with questions.
'So what did Christina say? What did you talk about?'
'Soybean futures, Mark. Maybe
some pork bellies. Famous killers we have known.'
Dooher put his hand on the door.
'You've always been a funny guy, Wes.' He popped the heel of his palm
against the frosted pane. 'Where is she?' Another shot with his palm,
rattling the window. Loud. 'Where the fuck is she?'
Suddenly Sam was around Wes,
slamming the door shut, turning the deadbolt. 'Keep the hell away from
here!' she yelled through the door.
Bart set up a racket and Wes
leaned over, patting him, holding him by the collar, getting him under
control. When he looked back up, the shadow was gone. He slumped
against the wall. Sam had her back against the opposite wall. 'I'm
sorry,' she said. 'I just didn't want...'
'No, it's okay. He's gone now.
That was a good move.'
She came toward him, into his
arms. 'What did he want?'
'Christina's left him. He thought
I'd know where she went.'
'I don't want him coming around
here.'
'I don't either.' They started up
the steps, arms around one another. 'You don't have to worry,' Wes
said. 'He's just looking for her.'
'I do worry. He didn't have to
come by here. He could have called you at work tomorrow.'
Wes thought about it. 'He's not
going to do anything to me. He doesn't perceive me as a danger.'
'This was a threat, him coming by
here. He was threatening you.'
'I don't think so. What for?'
'For talking Christina into
leaving him.'
'I didn't do that. She did that
on her own.'
'She did it on her own after she
talked with you at your office. It's a fine distinction.'
Wes shook his head. 'There's no
way.'
She stared up into his face. 'You
want to promise me one thing? You thought you knew him before. Remember
that, would you? Remember that.'
He kissed her. 'Okay, I'll
remember.'
Ravenwood Street in the dark.
Slumped behind the wheel of his
city car, Glitsky had the lights off but had left the motor running and
the heater on. His hands encircled an oversized cardboard cup which had
once held hot tea. The driver's side window was down an inch.
Across the street, Dooher's house
appeared and disappeared in the shifting fog. Fifteen minutes before,
Glitsky had knocked on the front door and returned to his car to wait.
He was thinking about Flaherty,
wishing he hadn't come on so aggressively back long ago when he'd
interviewed him. But then again, that's who Abe had been back then - a
cop with a chip on his shoulder over Flo, over his life. Ready to explode at
anybody, even people who might help him. Alienating everyone.
Ineffective.
The Lexus pulled into the
driveway. Glitsky got out of his car and reached the front door at
about the same time a light came on in the back of the house. He pushed
the doorbell and listened to the eight tones: Lord we thank thee. We
bow our heads.
Another light inside, then
overhead on the porch. When Dooher opened the door, Glitsky put a foot
against it. 'I thought you'd be interested to hear that we're looking
into Mr Trang's murder again. I wanted to give you the opportunity to
confess to it now, save us all a lot of time and trouble.'
'Get a life, private.' Dooher
moved to close the door, but it wouldn't go.
Glitsky kept talking. 'You've
been through one trial. You know the heck it plays with your life. You
don't really want to go through that again. And I'm betting you don't
get bail this time. Just a hunch, but I'd go with it.'
'What the hell are you doing
here?'
'I just told you.'
'You got a warrant? You don't
have a warrant, Sergeant, get off my property.'
Glitsky moved his foot. 'I'm
going to take that as a "no" on the confession, but you're making a
mistake.'
Dooher, disgusted, closed the
door and turned out the overhead light. Glitsky, thinking he'd burned
up his Friday-night fun quotient, decided to go home. He was almost
across the patio when the light came back on. He heard the door open,
the commanding voice. 'Glitsky.'
Reaching inside his jacket for
his .38 - you never knew - he revolved halfway around. Dooher stepped
out on to the porch. 'It was you brought the Trang file over to
Farrell's, wasn't it?'
'He asked so nice, I couldn't
refuse.'
'And you
saw my wife?'
'Here's the thing, Mark. In my
business, I generally ask the questions. You want to talk about Victor
Trang, I'll listen all night long. But I've got nothing to say about
your wife.'
'You saw her at Farrell's. You
know where she is now?'
'Another question about
your wife.' Glitsky
tsked. 'And here I thought I'd made it so clear.' He shrugged. 'Not
that it hasn't been a good time, but I've really got to go. I don't
have a warrant and I've been ordered off the property. Unless you want
to invite me in?'
Dooher seemed almost to enjoy the
moment. 'You're nearly as funny as my friend Wes - you know that,
Glitsky? And I admire that in a man. Really, I do. But you can't touch
me. You should realize that by now. The fact is - you just don't seem
to
be able to do your job, do you? Though I guess being black and all,
that's not much of a problem. You don't actually have to perform, do
you? Actually get anything done?'
'Sometimes,' Glitsky said, his
scar tight now - he could feel it. 'You might be surprised.'
'Well, you do your best, then,
would you? Give it your best shot. Or was that what you did with
Sheila? No. That couldn't have been your best shot, could it?'
Dooher took a few steps toward him, made his own tsking sound. 'Oh,
that's right. You'd lost your own wife back then, didn't you? That must
have been a hard time. That would explain why you couldn't touch me
then either, why everything you did ...' the voice got harsher, rasping
'... was such a total fucking waste of time. You were sad, weren't you?
Poor guy. That was it. That was why you were so incompetent. See?
There's always a reason if you look hard enough for it. I wonder what
it will be when you screw this one up.'
'It'll be fun to find out.'
Glitsky wouldn't take the bait. It did his heart good to see the real
man for the first time. He half turned, then stopped, facing Dooher.
'Oh, and hey, good luck finding your wife. I wonder why she'd leave
you.' A beat. 'Must have something to do with performance.'
Dooher couldn't sleep.
He kept coming back to Farrell.
What made a man valuable was
imposing his will on the world he lived in. It was winning. Big risk,
big prize. And he was the Alpha Male. He'd won. He'd beaten Glitsky,
beaten Farrell, beaten the whole system. And it got him the mate he
wanted, the prime female. And now he's supposed to feel guilty? Please.
Peddle that twaddle to one of the sheep.
He kept coming back to Farrell,
the whiner selling his loser's vision to Christina. By making Mark's
guilt the big issue, he'd got her to leave him, tearing apart what Mark
had earned.
Naked, he wandered through the
big house - the library, the kitchen, the living room where he'd fucked
Wes's wife.
He wondered if he knew. He should
tell him.
Outside, it was freezing. But he
liked it, liked the midnight stroll down his driveway without his
clothes on. He was untouchable - he could do whatever he wanted.
He let himself into the garage.
His M-16 was tucked into its shelf high up over his workbench and he
took it down, unwrapping the cloth, shooting the bolt, sighting down
the barrel, an idea forming.
But no, he couldn't use anything
as obvious as a rifle that could be traced to him. He put the gun down
on the workbench and picked up a crowbar, hefting it against his palm.
Doubts had tossed him from side
to side on the bed for hours. Doubts about who he was. Doubts that he'd
gotten himself to here by wanting too much, by lying, by lust, by
murder, by all the cardinal sins. Now this - his world imploding,
Christina leaving him - was his punishment.
And maybe he deserved it.
'Fuck that.'
A violent shiver ran through him.
He felt some coil release inside him and he brought the crowbar down in
a deafening crash, shattering the wood, scattering hardware and the
now-broken glass from the storage jars over the M-16 and the rest of
the workbench.
Farrell was the prime mover here.
He'd brought Glitsky back into it again after it should have been long
over. Somehow Farrell convinced Christina that she had to move out.
The self-righteous son of a
bitch. Farrell, who'd never succeeded at anything, who believed in fair
play and the goodness of man, was a slinking dog compared to the men
who walked on this earth. How dare he presume to judge what Mark had
done?
But now it was clear : Farrell
wouldn't rest until he had brought Dooher down to his level.
He needed a lesson in where he
belonged, in what his station was, in who made the rules.
Dooher wasn't going to let this
continue. He'd take care of it in short order, set the world back
straight.
Then go reclaim what was his.
Diane Price volunteered at the
Center on Tuesday nights and Saturday mornings. She picked up the phone
when it rang at 8:45. 'I'm looking for Samantha Duncan's number.'
'I'm sorry,' Diane said. 'I can't
give that out over the telephone, but I can call her and have her get
back to you.'
A frustrated sigh. 'It's just
I've been awake half the night and I'm starting ... well, never mind.
That would be good, if you could ask Samantha to call me.' She gave her
room number, the motel.
'And who should Samantha ask for?'
A long hesitation. 'Christina
Carrera.'
'You're Mark Dooher's wife,'
Diane said.
'That's right.' And clearly
Christina had no idea to whom she was talking, who Diane was.
She wondered briefly if she should tell her, then decided against it.
What would be the point?
'Oh . . .' On the phone, the
woman gave a low moan, followed by a succession of quick breaths.
'Are you all right?'
The breathing slowed. The voice
was normal again. 'I think I might be starting labor. Can you call Sam?'
'I'll call her right away.'
Irene Carrera walked out on to
the pool deck where Bill was taking his morning laps. She watched the
effortless glide of his body through the blue water, then her gaze went
up and out over Ojai - the peace of it, the order.
She pulled up one of the
moulded-iron chairs as Bill executed a swimmer's turn and headed back
up to the deep end. She'd let him finish his workout, a few more
carefree moments before she disturbed him.
Their daughter was in trouble
again. Irene had just gotten off the phone with Mark. He told her he
hadn't been completely truthful when they'd talked last night.
Christina hadn't been home at that time. In fact, she hadn't come home
at all. She was staring again out over the serenity of her valley.
'What's that look for?'
She hadn't noticed that Bill had
finished and was walking toward her, toweling off, his usual easy smile
in place. There was no avoiding it. She had to tell him.
A puppet whose strings got cut,
her husband slumped into another chair as she spoke to him. Irene
continued. 'Mark said she called him last night. Told him she needed
some time to think, but wouldn't say where she was. She's hiding out.'
Bill let out a deep sigh, staring
into the space between him and his wife. 'She's delivering his baby any
time now and she's hiding out?'
Irene nodded. 'Mark said she'd
been acting unstable the last couple of weeks - skittish, crying jags,
seeing ghosts everywhere ...'
'He called to ask us what we
thought he should do. He sounded a wreck.' Anguish, now. 'Bill, why
wouldn't she have called us?'
He barely trusted himself to
speak. He would go up and find her. Somehow. Help Mark if he had to,
though he'd never warmed to the man. 'I don't know, hon.'
'But wasn't it going so well?
Hadn't she—'
Shaking his head, interrupting.
'She didn't want us to know,' he said. 'She didn't want to disappoint
us.'
'So she won't call us?'
'She'll call.' But his face
betrayed his words.
'Bill?' She stood and came up
next to him, put her arms around him. 'I know what you're thinking, but
we've got to keep Mark in this picture.'
He said nothing.
'He's her husband. He still
believes in her -I heard it in his voice. If we hear from her, we have
to tell her that. You don't leave. You don't always leave.'
'We don't know the whole story,
Irene. Maybe Mark drove her in some—'
But she stepped away, fire in her
eyes. 'No! That's always been her excuse and—'
'It wasn't an excuse with
Brian, Irene. The bastard was married to somebody else, knocked her up
and dumped her. That's not an excuse.'
'All right, but what about Joe
Avery? What about all the other men?'
'Maybe they weren't good enough
for her.'
She glared at him. 'Spoken like a
true father, Bill.'
'What do you mean by that? I am
her true father.'
'And every time she left some
man, it was always okay, because they weren't good enough for her. And
every time, it broke her heart a little more, but it was okay, it was
okay. She was still Daddy's little girl.'
'Irene...'
'No, listen. She's almost thirty
years old. She's picked a good man, I'm convinced of that. A good man.'
'I don't know that.'
'Bill. You do.'
'Then tell me why she's left him?'
'I don't know. But he called
us. This isn't someone who's beating her. She's never said a bad word
about him. He doesn't know what to do, so he comes to us. Doesn't
that
tell you something? Isn't that a good sign?' He didn't want to hear it,
but it needed to be said. 'Bill, she married him. It's time she learned
that's where her
life belongs, with her husband. Not with us. We love her, but she can't
keep coming back to us. She'll never grow up. She'll never have a life.'
They faced each other in the calm
Ojai morning. Blue jays were fighting for territory in the air above
them. One of the canyons off to their left echoed with the howl of a
coyote.
They went on the assumption that
you always made mistakes, which was how they thought they'd catch you.
Dooher had to admit that even he
had made a few.
Well, to be honest, he'd made
none with Nguyen.
But there had been a couple of
small errors with Trang - the cellphone business, how could anybody be
expected to know about that? But with Trang they'd only gotten as far
as an investigation.
With Sheila, they got him all the
way to trial, so by objective standards, he supposed he was slipping.
He'd been forced to hurry his plans after Avery had gone down to LA. If
he didn't move fast, he ran a risk with Christina. Someone else might
have come along and distracted her and he would have been back to where
he started. So he'd had to strike when he did.
But the lack of planning had
showed.
The knives were one of the
problems, though he favored a knife because you had control. You put it
where it needed to go and held it there, feeling the life slip away,
until you knew you'd done it.
But a knife was too much trouble.
Too dirty. He'd had to throw the bayonet off the Golden Gate.
He'd thought he'd solved the
problem with the kitchen knife, the gyrations with the blood and the
glove and the botched burglary. But that had been close - his
cleverness had nearly done him in.
He'd really learned a lot - the
trial had been instructive that way. There were phone trails, paper
trails, evidence trails, eyewitnesses, and trackers among the police
for each of them.
So this time, from the moment he
began to move, he wouldn't leave any hint.
Glitsky would know. How could he
not know? But there would be nothing he could do.
He wasn't going to leave any
messages on answering machines. All Saturday morning, no one answered
at Wes and Sam's, and he hung up as soon as he heard the message begin.
After he'd made his decision last
night, sleep came more easily. Indecision was the ruin of lesser men.
He'd set his body clock for around 9:00 and called the Carreras down in
Ojai. If he was going to locate his wife, he would need Irene.
Sam didn't pick up, and Diane
Price called Christina back at her motel and asked if there was anything she
could do. 'How far apart are the contractions?' she asked.
'Not close. Seven minutes. They
warned us about this in Lamaze. They won't admit me until it's two or
three minutes. It's going to be a while.'
'Why are you in a motel?' Diane
asked.
'That's a long story.'
'Is there anybody with you?'
'No.'
'I could come.'
'Why would you do that?'
'You used to volunteer at the
Center here, too, didn't you? Us guys ought to stick together, don't
you think?' Diane thought saying anything about the further connection
between them at this moment would be counter-productive. She heard the
breathing again. When it returned to normal, Diane spoke again. 'I've
been through this with two kids of my own, Christina. I could keep you
company. We could talk. You need somebody with you. How are you getting
to the hospital?'
'I don't know.'
Diane made up her mind. 'I'll be
there in ten minutes.'
Christina opened the door to her
motel room. The woman was bundled for the chill - heavy woolen coat,
enormous leather carry-all, designer ski cap pulled down over dense
graying hair. But she smiled warmly, projecting a calm confidence that
Christina found comforting. She had beautiful gray-green eyes.
There was also something familiar
about her. 'Do I know you? How did you know I was Mark Dooher's wife?'
The smile remained. The eyes
seemed to know everything. She didn't move forward, but seemed content
to wait out in the cold until this was cleared up, until Christina had
accepted it. She might not, after all, want her around after she knew.
And that would certainly be understandable. 'Sam said you were smart.'
A proffered hand. 'I'm Diane Price. It's nice to meet you at last.'
At 12:45, Wes picked up on the
second ring, heard Mark Dooher's voice. 'I'm going to start by
apologizing.'
He didn't reply. Dooher
continued. 'I was out of line. I shouldn't have come by your house,
made cracks about your girlfriend.' He paused. 'Look, Wes, Christina
ran out on me. I freaked out. I'm sorry.'
'Okay, you're sorry. Nice talking
to you.'
He hung up.
'That was our friend Mark Dooher
again,' he told Sam. 'He said he was sorry. I told him I was glad for
him.'
The subject made her nervous, but
she played along. 'That wasn't what you said. You said it was nice
talking to him.'
'It was,' Farrell agreed. 'We had
a full and frank discussion of the issues.'
The phone rang again.
'Don't pick it up,' Sam said.
But he already had.
'Wes! Don't hang up. Please. You
still there?'
'I'm here. What do you want?'
Sam was telling him to hang up
again.
'I need to talk to you.'
'It must be your lucky day. You
are talking to me.'
'No. You and me. Privately.'
Farrell's voice had no
inflection. 'I'll drive the hordes away from the extensions. We're
talking privately right now. We can talk like this or you can hang up.
Your call.'
Dooher measured his silence.
Finally, he produced a sigh. 'I don't. . .' Starting again. 'I need
your help. Your legal help. I may want to talk to the police.' Another
silence to let the ramifications sink in. 'I don't want to say anything
specific on the telephone. You can understand that.'
'You want to turn yourself in? Is
that what you're saying?'
'I don't believe in telephones
much anymore, Wes. You could work something out. I don't want to say
anything else over these lines. I need to see you, is why I called. I
need your help. I can't live with it anymore.'
The Little Shamrock, the bar
where Wes and Sam had met.
The fog obscured nearly
everything outside the picture windows; across Lincoln, the cypresses
were spectral shadows in the netherworld.
Sam sat across the table from
Wes, holding both of his hands in both of hers. Neither had touched
their Irish coffees.
That morning they'd bundled up
and gone out early for an aerobic workout - a 'power walk' from their
duplex to the beach and back. The Bay to Breakers race - 7.2 miles from
the Ferry Building to Ocean Beach - was in two weeks, and Sam ran it
every year. Wes had no desire to try to die crammed shoulder to
shoulder with 98,000 assorted crazed runners, walkers, naked folks,
cross-dressers and caterpillar floats, but he didn't mind the exercise
leading up to it.
They weren't talking about the
race, though.
'Wes, I am begging you, please
don't do this.'
'He's going to give himself up,
Sam. He wants me to negotiate how it's done.'
'Give himself up for what?'
'I don't know. Trang, maybe.'
'I don't trust him.'
But some part of Wes, evidently,
still did. 'I'm surprised it's taken him this long. Christina left and
that made him see it.'
'See what? That it's wrong to
kill your wife? A lot of people get that concept right away. You'd be
surprised.'
'He said he needs to talk, Sam.'
'So do you really believe he's
going to admit killing anybody? That he'll go to jail?'
'Maybe living with the guilt is a
kind of jail.'
'A motto for the ages, Wes, but
then again, maybe it isn't. Maybe that's not him.'
'It's everybody. It catches up
with everybody.'
'Wes, listen to me. People do
live with guilt. You know this. You've defended criminals
your whole life ... people don't care about guilt. They care about
getting caught.'
'Mark isn't most people. He's got
a conscience.'
'No, he doesn't.'
Farrell shook his head, sticking
to his guns. 'You don't know him.'
'I do know him. He's a killer.'
'You didn't hear him on the
phone. He needs help. I've got to help him.'
'Somebody else can help him. Call
one of your lawyer friends. Call Glitsky, he'll help him.'
Farrell had to smile at that,
though it wasn't much of a light moment. He squeezed her hands. 'Sam,
if he needs me, how can I not help him? What kind of man would that
make me?'
'A live one.'
Again, he shook his head, rolled
his eyes. 'Please.'
'Please yourself, Wes. He's
killed three people. Why wouldn't he kill you?'
'Why would he kill me?
That's a better question.' He pulled his hands away, looked at his watch. 'I
told him I'd be over there at three. I've got to
go-'
'Don't, please. For me.'
He came around the table, put his
arm around her shoulders and drew her to him. 'Sam. Don't ask that.
This isn't me against you. This is somebody I've known my whole life,
reaching out to the only person he trusts, trying to save himself.
There's nothing to worry about. I love you. I'll be home in a couple of
hours. If I'm going to be late for any reason at all, I'll call. Two
hours, max. Four-thirty.'
He tightened his arm around her,
but she resisted. 'No. NO!' Standing up, she pulled away, knocking over
their table.
He watched her, half running
through the bar, through the double doors, and out. Never looking back
at him.
When she got home, she let the
tears go on for a while. That's why she'd run - damned if she was going
to use tears to make her point, to convince him to stay, although a
part of her wished she had.
In the kitchen, drying her eyes
on a paper towel, she noticed the message light flashing on her
answering machine. Pushing the button, she heard Diane Price saying
that she'd talked to Christina Carrera. She was in labor.
Since Sam wasn't home and Terri
had come in for her shift at the Center, Diane was going to help
Christina, maybe drive her to the hospital if she needed it. She'd call
back when she had more information.
Sam glared malevolently at the
machine. 'Where is she, Diane? Where is she?'
But the machine provided no
answer, and neither did Terri when Sam called back to the Center.
Paul Thieu was in a small
internal room - no windows - in the Hall of Justice where he'd spent
most of the morning on the computer, hoping to find some heretofore
unknown reference to Victor Trang or Chas Brown or anyone who'd known
either of them. He didn't really know what he was looking for, but this
was an unturned stone, and there might be something under it.
But so far - and it had been
three hours - nothing.
Deciding to give it a rest for a
while, Thieu got out of his program, blanked the screen. As far as he
knew, he was the only person in the building who logged off the
computer when he was finished using it. It was a small point of pride.
He interlaced his fingers behind his head and leaned back, stretching.
Timing.
His Lieutenant, Abe Glitsky - in
on a Saturday, pumped up - knocked on the doorsill, pulled up a chair.
'Our plan won't work.'
Glitsky had dreamed it up and run
it by Thieu last night after he'd returned from Dooher's. The younger
man had liked it.
They'd run a sting. Farrell was a
real ally. He could re-establish his contact with Dooher and either wear a
wire or, failing that, simply try to provoke him, as Glitsky had when
he went to his house. Farrell would get him to say something
incriminating. The veneer had begun to crack. They could get him.
But Glitsky didn't think so
anymore.
'Why not?'
'Farrell is Dooher's lawyer.
Anything they say is privileged.'
Thieu had thought of this and
sold himself on a rebuttal to it. 'He won't take a retainer. He'll go
to Dooher as a friend. The relationship won't be a professional one.'
Glitsky told him this was wishful
thinking. 'Besides, if Farrell denies it, Dooher will say he was the
lawyer and Farrell was his client. It won't get past the DA.'
A scowl. 'I hate it when you're
right, you know that?'
'I don't blame you. My kids do,
too. It's infuriating.' Glitsky had become almost human. 'There is
something else we can try, a long shot.'
'Is it legal?'
Glitsky's expression conveyed
shock that Thieu could even think such a thing. 'Forget what he says.
Try to make him do something.'
'What?'
'What physical evidence did we
get with Trang? Clothes, the bayonet, shoes?'
'Nothing.'
'Right. Which means? Tell me.'
Thieu thought a moment. 'I give
up.'
'It means he got rid of it. He
stabbed the guy and held him close and he got blood on himself. Then he
had to get rid of what he wore. No way around it.'
Another bad idea, Thieu was
thinking. 'Abe, this was two years ago. Those clothes, all that stuff,
is gone. Burned up, disintegrated.'
'Not his Rolex. Not Sheila's
jewelry.'
Thieu kept shaking his head. The
Lieutenant must be tired. 'You just said it. The Rolex was his wife's
murder, the burglary. It isn't Trang. We can't touch it. That stuff's
been pawned anyway.'
'I don't think so, Paul. We
looked hard when it was fresh. It didn't get fenced. He got rid of it.'
'Which makes it gone, am I right?'
'But maybe not forgotten.'
Farrell righted the table in the
Shamrock. He went into the bathroom and got most of the Irish coffee
washed off his pants. He hadn't intended for Sam to get so mad, for
himself to get so defensive. They were both too hot-headed.
Dooher. The source of every fight
they'd ever had.
Disgusted, he came out of the
bathroom and pulled up a stool at the bar. He was going to have a long
beer and chill out and be late for his appointment
with Mark. Too bad. Let his
ex-friend wait for once. He ordered a Bass and put a napkin on his lap,
soaking up more of the damp.
The bartender's name was Moses
McGuire. He was approaching his sixth decade with a new wife and a
young child and seemed determined not to go placidly amid the noise and
haste, remembering what peace there may be in silence. His nose had
recently been broken for about the fifth time - some unpleasantness
about a softball game - and he sported two black eyes and a bandage.
During Farrell's blue period, as he called it, he had spent more time
here with McGuire than he had at his apartment. With Bart, which had
endeared Farrell to McGuire.
The Bass came sliding across the
rail and McGuire leaned over, smiling. 'Everything patched up between
you lovebirds?'
Farrell sighed. 'She's mad at me.'
'I guessed that. I don't blame
her. They're always right, you know. I don't know why we argue with
'em.'
He sipped at his ale. 'I know.'
McGuire got called away on an
emergency down by the picture window - Tommy, a fixture, had finished
his fourth Millers of the day and was slapping the latest empty on the
bar.
There was more truth than Farrell
wanted to admit in what McGuire had said. Which of course meant that
there was more truth than he'd acknowledged in what Sam was saying.
Mark Dooher was a dangerous man
who studied his prey. He knew Trang worked alone and would meet him
alone. He'd known Sheila would never refuse a drink - even a mickey -
that he put in her hand. He knew Farrell was an idealist who believed
in the goodness of man, in confession's healing power, in forgiveness.
He also knew he would come when beckoned.
So Dooher had beckoned, and
Farrell was going.
Dooher looked wrung out, with
bags under his eyes and a deep pallor to his skin under an
uncharacteristic stubble.
He wore a Sam Spade overcoat, an
old felt hat and a pair of tattered running shoes. A grieving husband,
he blew out in frustration. 'Christina's got to call somebody, wouldn't
you think? Who would she call?'
'I don't know. Not me.'
Dooher stepped out on to his
porch. 'About last night. I don't know what to say.'
Farrell waved it off. 'We going
somewhere?'
'There's something I want to show
you. I bet your heater still doesn't work?'
'Good bet,' Farrell said.
'We'll take the Lexus. That all
right?'
'Sure.'
They walked back down the
driveway, past the infamous side door. Farrell let Dooher go into the
garage. He waited outside, nervous. The garage door opened and Dooher
backed out.
Sliding into the passenger seat,
Farrell noticed that he' d put on his driving gloves, and cast him a
sideways look. Dooher gave him a weak smile. 'Alea jacta est, I
guess.'
The die is cast. They both
understood the reference - Julius Caesar's words as he crossed the
Rubicon, after which he would either rule Rome or be killed as a threat
to the Republic. Dooher was saying he was crossing over, taking the
irrevocable step - he was going to turn himself in. He put the car in
gear and they began to move.
They drove out to the beach, up
to Golden Gate Park, back halfway through it, then south on Sunset
Boulevard - a straight and usually scenic shot to Lake Merced. Today,
in the fog, the scenic aspect wasn't evident, but the road wasn't
crowded and Dooher drove slowly, talking about the lives they'd lived
together, trying Farrell's patience.
Finally he couldn't listen to it
anymore. 'I didn't come out here with you to talk about old times,
Mark, to talk about us. You said you had something to show me. You want
to tell me what it is?'
The ever-enigmatic Dooher didn't
answer directly. 'I want you to understand what happened, Wes, that's
what I want.'
'What you want isn't a burning
issue with me anymore. I'm not going to understand what you did. That's
not going to happen.'
Dooher kept driving, eyes on the
road. 'And what did I do?'
'You killed Sheila, Mark. You may
have killed Victor Trang, too. Andre Nguyen. How am I supposed to
understand that?'
'Did I ever say I had?'
'Fuck you, Mark. Let me out. Pull over.' But he didn't. He kept driving. 'You think I did all that?'
'I know you did some of
it, and any part of it's enough. Christ, you
all but told me after the trial.'
Dooher was shaking his head no.
'You misinterpreted that.'
'Bullshit!'
Shrugging, Dooher kept his tone
relaxed. 'You wearing a wire, Wes? Glitsky hook you up? That's why
you really agreed to come today, isn't it? To set me up.'
The great manipulator was wearing
Farrell down. 'There's no wire, Mark. I came because you called me and
that's who I am,' he said. 'I didn't call you. You called me. You
couldn't
take it anymore, whatever "it" is. Remember?'
Dooher spent a long time not
saying anything, driving slowly through the deep fog. Finally, he
sighed
heavily. 'What do I need to do? What do you want me to do? I want my
wife
back.' There was real anguish in his voice. 'I want you to forgive me.'
Farrell asked him to pull over at
a gas station just off Sloat Boulevard. They'd made a big circle from
where they'd begun in St Francis Wood. He had, he believed, forced the
play, though it wasn't over yet.
He told Dooher he had to use the
can. This wasn't true. It was nearing the time he'd told Sam he would
be home, and he wasn't going to make it. He didn't want her to worry.
'I know I said two hours, but I was late getting here ... I had another
beer is why. Another hour, tops . . . No, listen, it's perfectly safe,
he's ... Sam! He's beaten.' An earful. 'I know that, too. No, we're ...
one more hour, I promise.'
He had more to say, but she hung
up on him.
Contractions every four minutes.
Three centimeters dilated.
'Three? Only three? I've got to
be more than three.'
Diane was next to Christina in
one of the labor rooms at St Mary's, holding her hand, doling out ice
chips. Jess Yamagi, Christina's doctor, checked the monitors, ignoring
her outburst. 'Everything's going along fine,' he said, 'but it's going
to be a while.' He gave her a reassuring pat and turned to Diane. 'You
okay with this?'
She nodded. 'I'm here for the
duration.'
'You bring along any music?'
Yamagi asked. 'You could use a phone if you want. You're going to have
some time, Christina, might as well enjoy it.'
Another contraction began and
Diane helped her breathe through it. Yamagi was frowning at the
monitors.
'What?' Christina asked.
'Nothing. A dip in the baby's
heartbeat. It's normal during contractions. We'll keep an eye on it.'
Christina looked over at the
beeping machine. 'I'll take that phone now.'
'Where are you, hon?'
'Mom, it's okay. I'm okay. I'm in
labor. At St Mary's. Everything's fine.'
'Where's Mark? Is he with you? He
called this morning. He's so worried.'
'No, Mom. No. Mark isn't here.'
'He said you'd left him.'
She didn't have the strength to
come out with all of it. She sighed. 'Just for now, Mom. Until we
figure some things out.'
'Can't you figure them out
together, Chris? Having a baby, that's a time you can't get back.'
'I know that, but...' It was so
tiring, trying to explain. 'Mom, you have to trust me. Everything will
be all right. I'll tell you all about it after the baby's born.'
'But Mark, he deserves to—'
'Mom, please. Don't tell him.
Don't say anything to Mark. Promise me.'
Farrell's rising hopes when he'd
called Sam had been dashed when he got back in the car. The critical
moment - Dooher vulnerable - had shifted again.
Dooher had begun driving, heading
north now. He had not yet confessed and Farrell was at the end of his
tolerance. This wasn't going to work. Suddenly he saw it clearly.
Hard by the Golden Gate Bridge is
a parking area favored by pedestrians who want to walk the three miles
across it. Sepulchral in the fog, the place was otherwise deserted now
in the late afternoon. A perennial gale battered the evergreens that
bordered the northern lip of the lot, where below the trees, a cliff
dropped nearly a hundred feet to the beach below.
Dooher parked the car, opened his
door, and got out. Farrell sat a minute in his seat, then did the same.
They heard the foghorns moaning deeply, the wind here on the headland
raking the trees.
'What are we doing here?' Farrell
asked.
'You'll see. This is it. What I
wanted to show you. Come on, walk with me. Out on the bridge.'
Farrell took a few steps, then
stopped. 'I'm not going with you, Mark. You can tell me here.'
Dooher wasn't giving up. 'I'm not
going to throw you off, Wes. Is that what you're thinking?'
'I'm thinking that I'm done. I'm
going home.'
Dooher's face clouded. 'What do
you mean?'
'I mean I thought you needed me.
I'd give you a chance. But you don't want a chance. You want me out of
the way.'
Dooher stepped close, hurt. 'Wes,
this is me, Mark Dooher. We've been friends since we've been kids. It's
paranoid to think—'
'That's right. It may be.'
'And you think I would . . . ?'
Dooher couldn't even say it - it was too absurd.
'Over everyone's advice, Mark, I
wanted to help you. Be your lawyer and maybe even your friend one last
time. Now I've got to tell you. It's going to be over soon and you're
going to need a lawyer and it's not going to be me.' He hesitated, then
came out with it. 'Glitsky knows where you hid the stuff.'
Dooher's face cracked slightly.
He moved toward Farrell.
It was a flat and desolate
stretch of bare earth - thirty yards deep by eighty in length - really
not much more than a widening of the western shoulder of Lake Merced
Boulevard though hidden from the road itself by a stand of wind-bent
dwarf cypress.
The Lexus inched forward over the
area to where it dropped off steeply. Dooher pulled the car up near to
the edge.
Here an eastern finger of the
lake extended nearly to the fence that bordered it. Inaccessible from
shore, it was rarely fished. It was also deep, the underwater
topography continuing the steep slant that dropped off from the
turnout. In the fog, the lake itself was only intermittently visible.
Dooher put the car into park, but
didn't turn off the engine. Under his driving gloves, his hands hurt,
but they were not bleeding. He got out and walked to the edge, looking
out over the water, then around behind him. It was as it always was. No
sign of anyone.
At the edge of the lot, the
incline fell off at a good angle for perhaps forty feet of sedge grass
dotted with scrub brush. Dooher picked his way down, hands in his
pockets, crabwalking. When his head got below the level of the lot, the
minimal road noise from Sunset dissipated, and he suddenly heard the
lap of the lakewater.
This was where he'd ditched the
evidence.
Within twenty minutes, Dooher was
in his garage, placing the running shoes into the bottom of the grocery
bag, then the gloves, carefully folding the old Sam Spade overcoat so
that it fit. He put the bag on to the passenger seat of the Lexus and
drove the halfmile to Ocean Avenue, where he left it in the side
doorway of the St Vincent de Paul thrift shop.
Back in his kitchen, he realized
he'd worked up an appetite, so he poured himself a glass of milk and
grabbed a handful of frozen chocolate chip cookies, then went to the
phone to call Irene Carrera, see if she'd heard yet from her daughter.
Three generations of Glitskys
were at the movies watching James and the Giant Peach when the
beeper on Abe's belt began vibrating. He reached over his youngest son
and nudged his father's arm, holding up the little black box. 'Back in
five,' he said. Nat, caught up in the animation, barely nodded.
In the lobby, he faced the
disorientation he'd always experienced when he saw movies in the
daytime, even on such dark days as this one. But his eyes adjusted and
he checked the readout, walked to the pay phone and punched up the
numbers.
'Lieutenant, this is Sam Duncan.
Wes Farrell's friend.'
'Sure. Is Wes there?'
'No. That's why I'm calling. I
don't know what else to do. Mark Dooher called Wes earlier today and
asked him to meet with him.' Glitsky was aware of the muscle that began
working in his jaw. 'He convinced Wes he was going to turn himself in.'
'I know.'
'What?'
'I knew that. He paged me and I
called him back at some bar. He told me all about it. He's not back
yet?'
'You let him go? How could you
let him go? Mark Dooher's a murderer, and now—'
'He's probably still at Dooher's.
He was meeting him there, right? Have you tried calling there?'
'I just did. There's nobody home,
no answer. Wes said he'd be home in two hours. Then he called to say he
was going to be later. It's been almost four hours now. That's why I
called you. Something's happened. He would have called me again. He
knew I was worried. He would have called.'
Glitsky was silent for a long
moment.
'Lieutenant?'
'I'm here. I'm thinking. Have you
tried his office?'
An exasperated sigh. 'I've tried
everywhere, Lieutenant. Dooher called him and he went and—'
Glitsky chewed the side of his
mouth another second or two, then made his decision. This time he was
moving out before he was certain there had been a crime - if it was
before. If it wasn't already too late.
Irene Carrera debated with
herself over the right thing to do. The birth of a child was the
strongest bonding experience a couple could have together. She was torn.
Distraught, Mark had called her
again. Please, as soon as Irene heard anything, he'd implored
her, would she call and let him know? He was desperate. He needed her.
And though Christina might not
realize it herself, he told Irene, her daughter needed him, too.
It had ripped Irene up having to
lie to Mark, not even to tell him that she'd heard from Christina. But
what else could she do?
Irene wrestled with it, couldn't
get it worked out. She wished Bill were here; they would come to the
right decision together. She knew he'd be calling her when he got to
San Francisco, but first he had to take the afternoon shuttle from
Santa Barbara to LAX, then wait for his evening flight. He wouldn't get
there until very late tonight.
Meanwhile, Irene knew that if
Christina succeeded in excluding her husband from this moment of birth,
there was a far greater chance that they would never be able to patch
up whatever had come between them.
On the other hand, if Mark were
there, with her - if they went through it together, husband and wife,
it might be the very last chance for Christina's happiness. Even though
it would be against her daughter's express wishes.
In the pink moment, Irene paced
the ridge of her property overlooking the valley, agonizing over the
greater good.
Glitsky left Orel with his
grandfather at the movies and ran a block and a half to where he'd
parked his city-issue car. He made it to Dooher's house by seven
o'clock. He should have heard from Paul Thieu long ago. He tried to
page him, but there was no response.
What was going on? Where had
everything gone wrong? Glitsky didn't much care about probable cause
anymore with Mark Dooher. He was going to take the man downtown on some
pretext, get him off the streets before he struck again.
The house on Ravenwood Street was
dark. Dooher wasn't there.
But Glitsky got out of his car,
wanting to make sure. Crossing the front patio, getting to the porch,
ringing the bell, waiting.
Empty.
There was no way he could explain
away his actions to anyone if he were discovered. He would be
reprimanded, perhaps fired.
He was wearing his own pair of
gloves, standing inside a suspect's house. He had entered without
permission and without a warrant and that was the plain fact of it. He
was in the wrong.
The side door by the driveway had
been left unlocked. So Dooher hadn't lied about everything during his
trial. He'd testified - and standing under the cold and darkened
portico Glitsky had remembered - that he tended to leave the side door unlocked when he
went out, the alarm de-activated.
Now he stood in the kitchen where
so long ago he'd sat and had tea with Sheila Dooher. When he'd come in,
he turned on the light in the laundry and the overflow lit the counters
dimly.
On the way here, he'd considered
pulling over and making a another call to Sam Duncan, bringing her up
to date on Farrell. But there was no up-to-date with Farrell. He might
be going to die, if he wasn't dead already. What could he tell her that
couldn't wait another hour? Until they knew something?
But here, in the kitchen, it
gnawed at him again. He remembered the last moments with Flo, where he
hadn't been able to do anything, but had sat by the bed, holding her
hand. Perhaps she'd felt something, some pressure from him, some love,
in the last seconds. Maybe it had made some difference.
Digging in his breast pocket, he
fished out the piece of paper on which he'd written Sam's number. He'd
at least tell her what he knew.
He crossed the kitchen in a few
strides, stood by the telephone, hesitated briefly, then picked it up.
But instead of punching Sam's
numbers, he noticed the Redial key and, without really considering,
pressed it.
There were eleven quick beeps.
Long distance.
'Hello.' A pleasant, cultured
female voice.
'Hello. This is Lieutenant
Abraham Glitsky, San Francisco Homicide. Who am I speaking with please?'
'Oh my God, Homicide?'
'Yes, ma'am. In San Francisco.
Who am I—'
'Is Christina all right? Tell me
she's all right.'
'Christina?'
'Christina Carrera, my daughter.
Is she all right?'
'I don't know, ma'am. I hope so.
Right now I'm trying to locate her husband, Mark Dooher. Do you know
where he might be?'
'He said he was going directly to
the hospital.'
'The hospital? What hospital? Why
was he going to the hospital?'
'To be with Christina. She's at
St Mary's, in labor. She's having her baby.'
'And Dooher knows she's there?'
'Yes, I told him ...' The voice
had lost its modulation.
'When was this?'
'I don't know exactly. Maybe a
half-hour ago, not even that long. He called me again and I just thought...'
Glitsky didn't need to hear any
more.
Diane was in the post-delivery
room. She squeezed Christina's hand. 'It's all right,' she said.
'You're allowed to cry. He's beautiful. Handsome, I mean.'
'Beautiful,' Christina said.
Jess Yamagi leaned over her, laid
a finger against the baby's cheek, brought his hand up to Christina's
shoulder. 'I'm going to let you hold him for a couple of minutes,
Chris,
but his temperature is a degree or two low, which is perfectly normal.
We're going to put him under the lamp and warm him up until he's
stabilized.'
'And then what?'
'Then we wash him off and bundle
him up and bring him to you. Meanwhile, you get a little rest if you
can.' He squeezed her shoulder. 'You did good, Chris. Great job. You,
too, Diane.'
Christina couldn't take her eyes
from her baby who seemed to be staring back at her. She'd always
thought that infants were born with their eyes closed, but her son was
wide-eyed, memorizing her.
A nurse appeared and showed
Christina the little plastic hospital tag they put around the baby's
ankle -Baby Boy Dooher. Her husband's name startled her
slightly, but the tag was already made up. It wasn't so important it
had to be changed right away. 'Everybody worries we're going to mix up
their children in the nursery, so we show you this to put your mind at
ease,' the nurse went on.
'All the babies get one,' Diane
volunteered.
Christina was staring through the
mist down at her son. 'I'd know this guy anywhere. I could pick him out
of a thousand other babies.'
The nurse smiled again. 'I know
you could, sweetheart.' Then, picking him up, 'He'll be back in no
time, don't worry.'
It wrenched her to have the baby
taken, but it wouldn't be for very long, it was a normal procedure. She
turned to Diane, the rock, and squeezed her hand again, the fatigue
kicking in.
She'd just close her eyes for a
minute ...
Like the rest of life, it was
simplicity itself if carried off with grace and assurance. Dooher was
the natural father of the child, the legal father. He had as much right
to be here as Christina did.
'I'm sorry I'm so late,'
he said
to
the nurse at the admitting station after he'd presented his ID, proving
that he was who he said he was. 'I'm just in from the airport. I've
been back East all week. I knew this would happen when I was out of
town. I knew it. How is Christina?'
The nurse double-checked his ID,
then Christina's admitting record, verifying that yes, he was the
husband, they lived at the same address. They were careful here -
babies had been known to disappear.
Looking up, satisfied, the nurse
seemed to see Mark for the first time, the nervous father. 'Your wife
got moved to her room a couple of minutes ago, Mr Dooher. Room 412,
right down that hallway. She's resting now, doing fine. And
congratulations, you have a baby boy.'
Dr Yamagi diagnosed the
Lieutenant to be on the edge of hysteria. His blue eyes were dilated in
his dark-skinned face. An unusual combination.
But the man - Glitsky - wasn't
here about genetics. He'd come in through the emergency entrance,
always a fun place on a Saturday night. Probably so that he could park
as close to the hospital as possible. Waste no time.
'Yes, I delivered the Dooher
boy,' Yamagi said, 'maybe forty-five minutes ago.'
'Is the mother all right?
Christina?'
'Yes. She was, anyway. Why?'
Glitsky didn't answer that
question. He had his own. 'Have you seen the father - Mark Dooher? Has
he been here?'
Yamagi shook his head. 'No.
Christina had a friend helping her. Diane.' This name didn't seem to
register.
'I'd like to see them. Talk to
her.'
'She may be resting.'
Glitsky nodded. 'I'll wake her
up.'
The doctor rode up the elevator
with the silent Homicide Lieutenant. They passed the nurse's station
without a word, and Yamagi escorted Glitsky into the maternity wing
itself, past the double doorway that segregated the new mothers from
the sick and the injured.
This was the happy part of the
hospital, with bright stencils decorating the walls and the hallway
filled with flowers and balloons and, somehow, a sense of optimism.
Glitsky noted it all, but little
of it registered. Yamagi pushed open a door at the end of the hall -
Room 412. The overhead light was turned off, but Glitsky recognized
Christina in her bed, her eyes closed.
Under a directional light,
another woman was reading Modern Maternity. She looked up when
the men entered, breaking into a welcoming smile at Yamagi, then a
questioning glance at Glitsky. She dropped her magazine into the
carry-all shoulder purse on the floor next to her chair. She stood up.
'Hi, doctor. She's sleeping.'
'No, that's all right, Diane. I'm
awake.' Christina was already pushing herself upright, getting ready to
hold her son. 'Is the baby here?' She opened her eyes, trying to get focused.
She took in Diane and Yamagi, then blinked, as though having trouble
with her vision. 'Lieutenant Glitsky?'
He nodded. 'Ms Carrera.'
'What are you doing ... ?' She
came straight up, grimacing with effort. 'My son! Is my son all right?'
'He's fine,' Yamagi answered
reassuringly. 'We'll have him in here in a couple of minutes.'
Christina leaned back, relief all
over her.
Yamagi came up to the bed. He
held the switch to raise one end of it, propping Christina into a more
comfortable position. 'You get some rest?'
She nodded. 'A little.'
'You ready for your boy?'
'Please.'
'Okay. I'll pass the word and
they'll bring him along. Then: 'Lieutenant, is everything here okay
for you?'
Glitsky had already checked the
corners. It was a private room with no place to hide. Mark Dooher
wasn't here.
'Good.' Yamagi looked at his
watch. 'Christina, be sure to ask for help if you need anything.
They'll wheel in another bed if you want Diane to stay. I'll be back
first thing in the morning. You want me to show you the way out,
Lieutenant?'
Glitsky didn't like this. He
didn't know what had happened with Farrell. Dooher knew Christina had
come here, and yet - apparently - he hadn't. Something wasn't right,
maybe a lot of things. 'I'd like to stay on a minute. I have a couple
of questions.'
This wouldn't have been Yamagi's
choice, but Christina read the indecision in his face and spoke up.
'It's okay with me.'
Yamagi yielded. 'I'd appreciate
it if you kept it short then. All of you.'
As the door closed behind the
doctor, Glitsky took a step toward the bed. 'Have you seen your
husband? I was sure he was coming here.'
'Why would he be here? He doesn't
know I'm here.'
Glitsky considered that. He had
to tell her. 'Yes, he does. Your mother told him.'
A long, dead moment as it sank in.
Dooher didn't go right in to see
Christina. He needed to see her, all right, to explain things, but he
wanted to find his baby first. That would make it all clearer.
He looked through the glass and
read the identifying tag. Baby Boy Dooher was under the warming light.
A tiny red heart was stuck to his chest, keeping track of his
temperature.
He pushed open the door to the
newborn nursery. Inside, he stood quietly - the proud new father,
overwhelmed with emotion, a little lost.
A pretty young nurse approached
him. 'Can I help you, sir?'
In the role, Dooher gave her his
best smile, shading it with a touch of self-deprecation. 'My new boy. I saw
him through the glass in there. I just got here - I missed the birth. I
wonder if I could hold him a second? It's the Dooher baby?' He had his
identification out again, and this nurse, too, looked it over, then
handed it back to him.
But she was shaking her head.
'It's against the rules, technically. I'm sorry.'
He sighed, heart-broken, met her
eyes. At home, he' d showered and shaved, then dressed with casual
elegance. He looked good and he knew it. 'Well, I certainly don't want
to break any rules.'
The nurse looked into the
adjoining spaces, around behind her. She leaned in toward him. 'I'll
get
you a mask,' she said. 'We'll make an exception. You'll have to wash
your hands.'
They were going to be bundling
the boy up right now. His mother had asked for him. Would Mr Dooher
like to take the baby in to his wife?
'That would be great,' he said.
'I'd like that.'
What he'd do, he thought, was act
like she'd never left him, like it had never happened. He would let her
know that he understood what had happened - her emotions had gotten the
better of her and she'd given into panic.
She'd be vulnerable right now and
he didn't want to scare her away. He would be kind and gentle,
solicitous. He had to prove to her that she could trust him. She had
always been able to trust him. Whatever he might have done, he wouldn't
do anything to hurt her.
But the situation would also work
to his advantage. He'd walk into her room and she'd see him holding the
baby. He had gotten to their son in the hospital without her knowing
about it. She couldn't have stopped him, whatever she had done.
A message would get delivered
there, now, wouldn't it? He wouldn't have to say a thing.
She would come back to him. They
wouldn't ever have to mention these past couple of days. This was how
training worked. There had to be periods of pain, of testing, of
finding out how far the chain would go until you felt it choke.
Well, Christina had found out.
Dooher didn't remember the births
or much of the infancy of his other children. He'd been putting in
yeoman hours when they'd been born - in those days men went to work.
They didn't change diapers.
So the size of this baby
surprised him - so small, nearly weightless.
They had wrapped it tight, it
arms cocooned in its blue blanket. The nurse he'd charmed earlier
escorted him out of the nursery, reminding him to keep the neck
supported, to cover the head and shield it from any drafts while they
were in the hallway.
At the door to 412, Dooher turned
to her. 'Would you mind if I just go in alone and surprise her?'
Who could say no to such a
reasonable request?
Christina was looking past
Glitsky. The door was beginning to open and it would be the nurse with
her .. .
No. This couldn't be.
In her dreams, something like
this would happen. But this wasn't a dream.
Dooher stopped inside the door.
'Well, look at this, a little impromptu party. Corporal Glitsky, of all
people.'
No one said a word. Dooher made
sure the door was closed behind him. His eyes swept the room and
alighted on Diane Price.
'Who's this?' he asked.
Christina spoke up protectively.
'She's a nurse practitioner here, Mark. She helped with the labor.'
Dooher accepted this. 'Well,
thank you very much.' A shift of focus. 'And how are you, Christina?'
She forced herself to speak
calmly. 'I'm fine, Mark. It went all right. No real complications.'
'I'm glad.' A pause. 'Though it
wasn't exactly how we planned, was it?'
'I'm sorry,' she said. Her eyes
never left her son. 'I don't know what happened yesterday, Mark. I
guess I lost sight of things for a minute.'
'I guess so. That happens
sometimes. Moments of stress.' Another silence.
'Can I have my baby, please? I
have to feed it.'
'Actually,' he smiled at her,
'it's not just your baby, it's our baby, isn't that right?'
'Of course, that's what I meant.
It's our baby. I meant our baby.' She held out her hands. 'And he's
hungry, Mark. Thank you for bringing him in, but I'll take him now,
okay?'
He shook his head. 'No, I don't
think so. Not quite yet.'
He didn't even recognize her!
Diane wasn't prepared for the
wave of anger that swept over her. He looked - impossibly - the same as
she remembered him from college.
And now he stared directly at her
and saw nothing.
She wasn't there.
It all flooded back - the
experience was etched in acid. Afterward, she had been curled up on the
top of her bed, great pain down there. Too hurt for tears.
This couldn't have happened to
her. Her blouse, torn open, had been still around her shoulders - a
distinct memory. She remembered lying there in a fetal position,
holding the scrap of her blouse collar in her fist, as though it
offered some protection. He'd ripped the rest off.
He was pulling up his pants,
tucking himself in. She could still hear the sound his breath had made.
He'd said nothing.
When he looked down at her, just
like now, she hadn't been there.
She found herself speaking in the
same even tones Christina had been using. 'The baby needs to be fed,
sir.'
He didn't like the diversion.
Snapped at her. 'I'm talking to my wife.'
'The baby needs to be fed,' Diane
repeated.
This time Dooher glared at her.
'Who are you? Do I know you?'
Glitsky broke in. 'Give her the
kid, Dooher.'
A disappointed expression. 'Not
right yet, private. Christina and I have a few things we've got to work
out first.' He turned to her. 'I want you back home.'
Christina was glued to the child.
'I was upset, Mark. With the hormones, I guess. I got scared. Of course
I'll come back. You're the father. I'd never think of raising the boy
without his father.'
It seemed to anger him further.
'You're just trying to get your hands on this baby, aren't you,
Christina? You'd say anything now, wouldn't you?'
'No, that's not true. But the
baby is hungry, Mark. He hasn't eaten yet.'
Christina had re-introduced Diane
to Glitsky, so he knew who she was. It would complicate matters if
Dooher realized it. Glitsky had his gun inside his jacket. He'd drawn
it only occasionally in his career, and had never fired it at a person.
If this turned out to be the
first time, he wanted to know what was behind his target. He moved to
his left.
'Stay where you are!' Dooher
backed up a step. A wider angle on the room. 'Whatever you're trying to
do, it's a bad idea.'
'I'm not doing anything.'
'You're moving. I don't want you
to move.'
'And if I do, what then? Are you
threatening to hurt your baby if I do, is that it?'
It didn't faze him. 'I'm holding
my child, Sergeant. That's all. What are you doing here?'
'I heard you were here. I wanted
to talk about Wes Farrell.'
A turn of his mouth. 'I don't
know anything about Wes Farrell.'
The baby mewled quietly.
Christina: 'Mark, please. Let me hold him.'
Glitsky looked to Christina, back
to Mark. 'Let her have him, Dooher.'
He shook the baby, shushed at it.
'Don't shake him,' Diane said.
'You shut up. I'm talking to the
Corporal here.'
Diane saw it clearly. He was
going to wind up killing the child.
'All right,' Glitsky said. Talk
to me.'
'I told you I don't know anything
about Farrell. We were supposed to have a meeting today. He didn't
show up.'
Glitsky was impassive. 'We found
him. He wasn't dead. Not yet.' Christina was staring at Dooher. 'Oh
God, Mark, not Wes. Not your best friend.'
Glitsky pushed at it. 'You
thought the fall finished him, didn't you?'
'I don't know what you're talking
about.'
The baby began to cry.
'Please, Mark, let me take him.'
He shook his head at his wife,
backed up another step, looking down at the infant. 'Shh!' At
Christina:
'Wes wasn't any friend of mine. He's the one who poisoned you about me,
who made you leave me.'
'So you killed him,' Glitsky said.
The baby wailed. 'Shh!' More
roughly. 'Shhh!'
'Don't shake him, please. Don't
shake him, Mark.'
But he was back on Glitsky,
holding the baby against his shoulder, both hands around the tiny body,
shaking him up and down. 'I thought you said he wasn't dead.'
'When we found him. I said when
we found him he wasn't dead.' Glitsky played the trump. 'We followed
you to the lake.'
'From where? Who did? What are
you talking about?'
'Give it up, Dooher. It's over.
We know where to look. We're going to find everything, aren't we?'
'And then what? You find a bag of
wet clothes, big deal. You can't connect them to me.'
'I don't need to. I can connect
Farrell to you.'
Dooher shook his head. 'You can't
prove anything. Just like with Trang, just like with Sheila. That old
proof keeps on fucking with you, doesn't it, Private? So Wes Farrell
fell off a cliff. He died. So what?'
Glitsky's scar stretched white
through his lips. 'So he didn't die, that's what.'
Dooher took in a breath. He
nodded, bitterly amused. 'As if Wes Farrell matters.' He pulled the
child closer to him, holding it with one arm, pointing with the other.
'You think Sheila, Victor Trang, Wes Farrell - you think I feel bad
for what happened?'
The baby began crying again and
he pulled it roughly against him, pressing the infant's face into his
body.
'Mark, please! You're hurting
him!'
Diane was in slo-mo. She stood
up. She lifted the purse from the floor. 'Sit down!' Dooher barked at
her.
'No.' She took a step
toward him.
Christina, pleading. 'Please,
Diane, no. Mark, just let him breathe. Let your son breathe.'
Dooher pointed at his wife. 'I
had to have you, don't you understand that? After the trial, I told Wes
I was sorry for what I'd put him through. If I'd made life hard for
him, I'd make it up to him.'
Christina had her hands out. The
baby, the baby. Anything he said, just let her have the baby. 'Okay,
Mark, fine. We can talk about that.'
He included Glitsky. 'This nigger
can't prove anything. They'll never convict me. We could start again,
Christina. I could make it up to you. I could.'
'Dooher!' Glitsky said. 'Let the
baby go.'
Diane moved forward.
He glared across at her. 'I told
you to stop right there.'
'Give me the baby,' she said.
'Back off!' Dooher slammed a palm
against the wall behind him. 'What do you think you're doing?'
The baby got a breath and managed
another piercing yell.
Dooher took it in both of his
hands. He held it up in front of him.
He kept shaking it. 'Shut up,
damn it! Shut up!'
Diane Price dropped her carry-all
purse to the floor and lunged forward.
Glitsky started to react, reached
inside his jacket.
There was no time.
The gun was a metallic blur in
her right hand moving toward Dooher's head. The sharp, flat report.
She let the gun fall. It
clattered to the floor.
Diane grabbed for the child as
Dooher collapsed.
The room hung for an instant in
surreal suspension.
Glitsky smelled the cordite. His
hand was still on his own weapon, but there was no need. It was over.
The baby began crying again.
Diane was bringing it over to
Christina when the door flew open, a nurse and two attendants rushing
in after the noise from the shot. They stopped in the doorway.
Diane laid Christina's son in her
arms.
'He was killing the baby,' she
said. 'I had to stop him.'
That would be her story, Glitsky
knew. It was a good one.
Her eyes pleaded with him. Did he
understand what she was saying? 'Guy says he's sorry and thinks that's
enough? I don't think so.'
Glitsky nodded at her. He was
going to arrest her, but she posed no danger at the moment.
He held out a hand to stop the
influx of other staff crowding to the door. He crossed the room and
went down to one knee next to the still and crumpled body. Almost as an
afterthought, he picked up the small gun.
He felt for a pulse. The throat
at the carotid artery twitched once under his fingers. Then he felt
nothing. He leaned over, closer.
'It's Lieutenant,' he
whispered.
After his fight with Sam, in his
heart Farrell had still wanted to believe that Dooher was turning
himself in, that the guilt had gotten to him. But the more he
considered it, the wiser it seemed to cover his bases, so he'd called
Glitsky and the Lieutenant had given him his marching orders.
In the event that Dooher did not
confess, if the meeting began to look like an ambush, Farrell was to
extricate himself as quickly as he could, remembering to drop the bait
- 'Glitsky knows where you hid the stuff.' Thieu would be tailing them,
so the threat to Farrell would be minimal.
Minimal. Farrell had liked that.
It was a gamble, but their only
chance. If Dooher took the bait, if he went to make sure his hiding
place was still secure, Thieu would follow. Dooher would lead them to
the evidence. Thieu would call Glitsky when he'd found something.
And that's what had happened.
But not soon enough for Farrell.
They hadn't planned on the fog
and they'd underestimated Dooher's dispatch. Always stronger, faster,
more determined than Farrell, Dooher had walked up close, concealing
his intention, then come at him like an enraged bull. A blow to the
solar plexus, then another to the face had driven Farrell backward, and
Dooher had kept coming, forcing him off the pavement, on to the steep
angle under the trees, all the way to where the land fell off and the
air began.
Now, Monday, Thieu and Glitsky
were playing lunchtime chess at one of the open tables on Market
Street. The sun was bright overhead; the air still. Glitsky was
thinking mate in three moves, but his concentration got diverted when a
bare-chested man in sandals and shorts stopped to watch the endgame.
Carrying an enormous wooden cross, he just stood there looking on with
his companion, who was a fashionably dressed businesswoman in her
mid-thirties. The cross, Glitsky noticed, had a wheel at its base to
facilitate pulling the thing along.
He moved his bishop and the man
shook his head. 'Blew it,' he said, and moved on, pulling his cross,
chatting with his friend. Daily life in the city.
Studying the board, Glitsky
realized the man was right. Thieu made his move - one move! - and tried
not to smile. It wasn't a really good try, though.
Glitsky started putting away his
pieces. His brow was not clear. Throughout the game, they'd been
discussing their sting operation, how it had gone so wrong. 'I still
don't understand how you lost Farrell.'
Thieu was holding the bag. 'I
didn't lose Farrell. I never had Farrell.'
'You followed him,' Glitsky said.
Thieu explained what had
happened. 'Two cars, Abe,' he said. 'We always tail with two cars. You
know that. We waited by the lot by the bridge when they pulled in
there. When the Lexus pulled out, I followed Dooher down to Merced.
There was nothing to call you about until we found the bags. The guys
in the second car didn't find Farrell right away and they had better
things to do than report to us, like get him out of there, try to keep
him alive. What I'm curious about is the Price woman.'
'After this,' Glitsky was
laconic, 'odds are she'll get her movie deal.'
'Not precisely what I meant, Abe.'
'I know, Paul. I know what you
meant.'
They crossed Market, negotiating
a stalled Mini bus spewing out a stream of unhappy campers. When they
had forded it, Glitsky told Thieu that the DA hadn't yet decided on the
charge for Price. 'My guess is Reston will go with manslaughter, she'll
plead and get some community service. Maybe not even that if I have any
real influence, which I don't.'
'Community service for killing
a guy?'
'Using deadly force, Paul to save
a life. The situation called for it. I was there. He was going to kill
the baby. That's what I'm going to say. It's what Price's lawyer is
going to say. It'll fly.'
Thieu was skeptical. 'How was
Dooher going to do that, exactly? Kill the kid, I mean. Did he have a
gun, a knife? What was he going to do?'
'He was shaking it. Kills infants
every day. You know that, Paul. We've got that nice poster on the
column - "Never, never, NEVER shake a baby!" I'm sure you've
seen it.'
'So she had to shoot him dead?'
Glitsky shrugged. 'Must've seemed
like a good idea at the time.'
'You're cute with those tubes
coming out of you.'
'Mmmmfff.'
'I know, I agree. Oh listen, I
brought you a present. You can pin it on your Take me drunk, I'm
home shirt.' Sam fished in her purse and pulled out the button.
She turned it to face Wes. It read, What if the hokey-pokey is
what it's all about?
Two weeks later, Christina was on
the deck of her parents' home, breastfeeding William. Her father was
coming out of the house with a tray of food.
'Your mother will be along in a
minute,' he said, sitting down on one of the wrought-iron chairs, 'but
I wanted to tell you something. She feels so guilty about telling Mark
you were at the hospital. It's been paralyzing her.'
'She did what she thought was
best, Dad.'
'You know that; I know it. She did
it, though. I think it feels different.'
Christina looked out over the
valley. 'She didn't trust me. She didn't believe what I told her.'
Bill was all agreement. 'That's
true. She feels terrible about that, too.' He leaned forward, his voice
soft. 'I'm just trying to tell you her intentions were the best.' He
put a paternal hand on her knee. 'I've got to ask you to let her share
her grandson, Christina. You can't go on punishing her. You've got to
trust her again. Let her hold him.'
'I can't.'
'I think you can. She loves you,
Christina. I love you, too. This is something you can do.'
She blinked a couple of times.
William gurgled and she looked down at him. She had finished nursing.
She took a moment fixing her swimsuit, her eyes down.
'I can't do anything. All I've
done is cause you both pain. Now I'm hurting Mom and I can't make
myself do anything else.'
'I'll say it again. You can.'
She forced herself to breathe.
'No, Daddy, it's more of the same. I mess my life up and then I do it
again and again and again. Now I'm a single mother with no job and no
career and you're taking care of me again.'
'That's what we do, Christina.
That's what parents do. You followed your heart.'
But she was shaking her head. 'I
didn't. I followed some dream, to be like both of you. And I'm not
really like either of you. I've got all this stuff, this
baggage. A woman's role, a mother's role, a daughter's role... roles
define everything I am, so I'm not anything anymore. I'm just not
carefree.'
Bill's elbows were on his knees.
He canted forward in his chair. 'I know that. It's a different world
than we grew up in, your mother and I. Maybe it's better, I don't know,
worrying about so much, trying to do right on so many levels.'
'But I haven't done right. I'm
guilty about everything. I'm all lost.'
Bill took her hand. 'You guilty
about William here?'
She looked down at the boy. 'No.'
'You know where you are with him?'
'Yes. Definitely.'
He sat back in his chair, took an
olive and popped it. 'You're going to make mistakes with him, you know.
Just like your mother did with you about telling Mark. Like I did, too,
lots of other times. Still do. We make mistakes.'
'But. . .'
'No buts. It's a fact. Guilt
isn't going to help - William or anybody else. It hasn't helped you.
Let it go. Start over.'
'That's just it. I don't know if
I can.'
Irene opened the French doors and
came down the steps onto the deck. She pulled up a chair and smiled a
practiced smile. Christina could see that she'd been crying, had tried
to
hide the traces. 'You two having a nice talk at last?' she asked. 'Oh,
these are excellent olives. Have you tried these, Christina?'
She was sitting up, emotion
ripping through her. She could feel the invisible chain tying her to
her son. How could she ever loosen it. He was anchored to her.
She swung her legs over the side
of the lounger. 'I'm taking a dip, Mom. Do you want to hold William?'
She held her baby out and her
mother took him. The chain hadn't broken - she'd let him go and they
were still connected. Her mother's eyes brimmed over again.
Christina walked to the pool and
stood at its edge.
It was the pink moment.