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    Judgement Calls

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      it. We didn't tell her that Kendra had told me that they were friends

      or that I had pictures of her getting it on with the Tasmanian Devil

      guy. She stared at us through hard eyes, lips pressed into a straight

      line, as we described the violence inflicted upon Kendra. I thought I

      saw her take a quick downward glance and a small swallow when Tommy

      told her that a man named Frank Derringer had been arrested and

      charged.

      Tommy made a soft play to get information from her. "Anyway, I've

      asked around the patrol officers and they tell me you know about as

      much as anyone does about what goes on with the kids down here. If you

      can give us anything on this guy Derringer, or any other guys who might

      be into doing this kind of thing to a girl, we'd keep your name out of

      it."

      "I don't believe you, but since I don't know nothing about it, it don't

      make a difference, does it?" Haley pulled the twenty bucks Tommy'd

      given her from her front pocket and shook it in front of her as she

      stood to face us. "Thanks for the twenty bucks, though. Losers." She

      made the shape of an L on her forehead with her thumb and forefinger,

      just in case we missed her point.

      We didn't try to stop her as she walked away. It was clear that we

      didn't have whatever it might take to get Haley Jameson to betray the

      life she'd committed herself to.

      "Lost cause" Tommy sighed "but, hey, at least we gave it a shot. I'll

      flag it in PPDS for someone to call me if she gets popped for anything

      down the road."

      "Tommy, I know we were only using the case to get a conversation going

      with her about vice, but I got the impression she knew something."

      He shrugged his shoulders. "Possible. Guy like Derringer might get

      around. But if there's something there, we're not getting it from that

      girl."

      Six.

      I usually spend the day before a trial at my dining room table,

      reviewing the entire file and practicing my open. I broke from habit

      for Derringer. The case centered around Kendra Martin, and anything I

      could do to boost her confidence on the stand would do far more for us

      than a review of the file.

      Everything had gone well in front of the grand jury. I got the

      indictment in less than an hour, and Kendra did a good job with her

      testimony. Afterward, to prepare her for the actual trial, I had shown

      her a courtroom and even put her in the witness chair to run through

      her testimony. But to make her feel as comfortable as possible

      tomorrow under the circumstances, I wanted her comfortable with me.

      It was an unusually warm day for the beginning of March in Portland, so

      I decided to take Kendra to the zoo. I invited Grace, too. Kendra

      seemed a little skittish about leaving her house, but she and Grace

      seemed to hit it off from the start, and it was hard not to enjoy the

      warm sun after months of chilling rain.

      The Portland zoo is a natural habitat zoo. The advantage is obvious:

      Instead of being confined in concrete bunkers surrounded by metal bars,

      the animals get to roam freely on acres of land designed to replicate

      their environments of origin. The downside is that the animals use

      their oasis just as any reasonable person would if given the option: to

      avoid any unnecessary contact with meddlesome humans.

      As a result, our visits to the giraffe and lion areas were

      unproductive. After staring at a boring mound of rocks for fifteen

      minutes without a single indication of a lion's presence, I was ready

      to pack it in to visit lizards, snakes, anything that was stuck in a

      cage the old-fashioned way so that stupid humans could gawk at it,

      whether it liked it or not.

      Something passed through my field of vision, and I felt the hair on the

      back of my neck rise. Turning around, I saw a man on a cell phone

      standing outside the rain forest building. He wasn't looking in our

      direction, but I realized I had seen him earlier at one of the other

      exhibits and, come to think of it, he'd been alone then too.

      I gave Kendra some money to buy us all red-white-and-blue ice pops

      shaped like rockets. As I watched her walk over to the concession

      stand, I lowered my voice. "Don't make it obvious that you're looking,

      Grace, but you see that guy by the rain forest? On the phone?"

      She snuck a little peek. "Sweetie, you do need to get yourself a man

      if you're stooping that low."

      I looked at the guy again. "Grace, no. Yuck. It's just isn't it a

      little weird for a man to be at a zoo by himself?"

      "Maybe his family's inside, and he left to make a call."

      "I saw him earlier, though, and I think he was alone then too. It

      didn't stand out at the time, but now I think he was looking at us over

      by the lions."

      "What lions?" She laughed.

      "I'm not kidding, Grace. Maybe he's a little pervert who's at the zoo

      to watch all the kids."

      "Or maybe he's just some suburban dad who's trying to keep up with the

      office while he's on daddy duty at the zoo, and he was looking at us

      because we aren't so hard on the eyes." She slipped into a Mae West

      routine.

      "Hey, knock it off. I'm serious."

      "No, Sam, you're paranoid. You've got crime on the mind, and you're

      especially uneasy about Kendra today. If you're really worried, we can

      go say something to security. Tell them to keep an eye on him."

      I thought about it. "Nah, you're right." I looked back at the guy. He

      was putting his phone away and walking into the rain forest. "I'm sure

      he's harmless."

      We polished off the rocket pops and headed toward the polar bears.

      Grace and I were entranced, as usual, by Portland's swimming polar

      bears, but I noticed that Kendra seemed a little distracted.

      "You holding up OK, kiddo?" I asked.

      She looked at me like I'd offered her broccoli, and then spoke

      extremely slowly in the event I'd suddenly become extremely stupid.

      "Um, yeah. Unless I'm missing something, the zoo's not exactly a high

      stress kind of thing, Samantha."

      She was playing tough, but I knew the trial was weighing on her mind at

      least as much as on mine. "Very funny, wiseacre. Last time I checked,

      I was going to be picking a jury tomorrow, and you were scheduled to

      testify in a couple days. Do we need to talk about that?"

      "No. I understand how everything will go. I'll be OK."

      I was worried. I'd prepped her, but the trial would be her first

      face-to-face with Derringer since the assault, and I suspected that she

      had no idea of what was coming. I'd advised her that Lisa Lopez would

      cross-examine her. She knew that Lopez undoubtedly would ask her about

      her drug use and prostitution. We ran through a mock cross together,

      but I couldn't bring myself to get rough with her on the issues of drug

      use and promiscuity. I was hoping Lisa would pull her punches on these

      issues. If she did hit Kendra hard, the jury might hold it against the

      defense.

      I gave Kendra's arm a little squeeze and said goodbye. "You take it

      easy this week, OK? You're going to be fine." Grace was going to give

      Kend
    ra a ride home, but first they were going to make a stop at

      Lockworks, Grace's salon.

      It would be good for Kendra to see other women in careers more

      satisfying than her mother's, and Grace has all the stuff good role

      models are made of. She graduated magna cum laude with a business

      degree from the University of Oregon. About two years into a marketing

      job with a big company in town, she foresaw that Portland was

      attracting a more cosmopolitan population than the city was capable of

      servicing. She had been cutting her friends' hair since high school,

      she had a great mind for business, her taste had always been

      impeccable, and people had always been drawn to her. She took out a

      loan, bought part of an old warehouse, and opened Lockworks in the

      Pearl District. She lured the best stylists in the city by offering

      them good benefits and a piece of the profits, and used her contacts to

      recruit customers while she went to cosmetology school at night.

      Lockworks is now the swankiest salon in town, and customers wait weeks

      to get an appointment with Grace. Luckily, she still cuts my hair like

      she did in high school, in her kitchen while we eat raw cookie dough.

      As I pulled out of the parking lot, I noticed the cell phone dad

      leaving, too. Except he still didn't have anyone with him. And he was

      driving a brown Toyota Tercel. Did they let dads drive those things?

      As he left the lot, I dug through my purse for a piece of paper.

      Normally my bag's full of old receipts, but I'd just cleaned it out. I

      pulled out the edge of a dollar from my wallet and scribbled down the

      guy's plate number before I lost sight of him. Maybe I'd run it later

      to make sure he wasn't a fugitive pedophile.

      I had just enough time to drive back downtown to make the meeting I'd

      scheduled with MCT. Immediately before a trial, I like to get the

      principal investigators together to run through all the evidence and

      review what we can expect from the defense. It was a practice I'd

      followed in the federal system, where the agents support the case all

      the way through the trial. Unfortunately, the local police are so busy

      that it's hard to get investigative time on a case once it's been

      indicted by the grand jury.

      Lisa had given me a copy of her witness list just a few days ago. In

      an ideal world, I would have asked the police to interview each of the

      potential defense witnesses so we could lock in what they might say at

      trial. All I was hoping for in the real world was an idea of who each

      person was. From there, I would have to guess what the purpose of

      their testimony would be.

      I had finally broken down and bought a cell phone, and I

      was still in that phase every new cell phone owner goes through,

      finding reasons to use my fancy new gadget. On my way to central

      precinct, I called MCT to make sure everyone was assembled as

      planned.

      It took awhile for an answer. "Walker."

      I had to raise my voice to be sure he heard me over all of the whooping

      and hollering in the background. "Detective Walker, it's Samantha

      Kincaid. I just wanted to make sure we're still on for today. Any

      news?"

      "Hell, yeah, we've got news. Haven't you heard?"

      I obviously hadn't, so he continued. "Oregon Supreme Court ruled in a

      special session this morning that the State can stick the big needle to

      Jesse Taylor. I wouldn't have thought those libs had it in them, but

      we're finally gonna have an execution around here."

      I said something about the state court being just the beginning. Even

      though Taylor had waived appeals, his prior attorneys would still try

      to go to federal court on their claim that Taylor was incompetent to

      fire them and waive his rights. But, as the words came out, I could

      think only of Chuck, having to nod politely as the rest of the guys

      celebrated the ruling that brought a man he had investigated one step

      closer to state-sanctioned death.

      It probably didn't help that this was the case that got Chuck onto MCT.

      After Margaret Landry confessed to Forbes, the police brought in MCT,

      but Chuck stayed involved in the investigation. They must've liked

      him, because they added him to the team about a year later.

      At least he didn't need to worry about whether the police got the wrong

      man. And it wasn't as if the defendant was possibly a redeemable guy

      who made a split-second mistake during some robbery-gone-bad. Both

      Taylor and Landry were unrepentant sadists. When Landry finally

      confessed to Forbes, she admitted that she and Taylor wanted to find a

      woman for a three-way. Taylor went to a biker bar and picked up Jamie

      Zimmerman, whom Landry described as "a 'tard of some sort, but a hot

      piece of ass." Back at their house, Taylor got rough with both women

      and then began strangling Jamie with his belt. Landry helped him by

      holding Jamie down while she was fighting. After Jamie was dead,

      Landry performed oral sex upon her while Taylor masturbated. Then they

      wrapped her body in their shower curtain and dumped her near the

      Gorge.

      And, despite Margaret's subsequent statement that she fabricated the

      entire story to get her abusive boyfriend in trouble, I had no doubt

      that she and Taylor were guilty. Her confession contained accurate

      details that she couldn't have known unless she was involved somehow.

      She had tried to explain the details away by saying that Chuck had

      coerced her confession and had fed her the details she was missing. But

      the jury had seen that the son of a former governor didn't need to set

      up innocent grandmothers to get a good job in the bureau.

      Although Landry never repented for Zimmerman's murder, she had avoided

      the death penalty by agreeing to testify against Taylor after the jury

      convicted her. She depicted herself as a do-gooder who volunteered

      teaching ceramics at hospitals and treatment centers. She claimed that

      she would've remained a law-abiding grandmother if it weren't for her

      abusive younger boyfriend.

      Jesse Taylor, on the other hand, had little to say in his defense. A

      chronic alcoholic who suffered frequent blackouts, Taylor said he

      couldn't remember anything he'd done that night, but didn't think he

      ever met Jamie Zimmerman and didn't think he would ever kill anyone.

      But he didn't think he'd pass up a chance at a three-way either. Great

      defense.

      That said, the certainty of Taylor's guilt and the pure viciousness of

      the crime apparently were of little comfort to Chuck. When I arrived

      at the Justice Center, he was waiting with Jack Walker, Ray Johnson,

      and Mike Calabrese. The celebration over the Supreme Court's Taylor

      ruling had died down, but Chuck still looked unnerved. I wanted to say

      something about the news but had to settle for an empathetic glance

      that I hoped he caught before I launched into new business.

      "Hi, guys. Thanks for making time to go over the case. It helps me if

      we're all on the same page before we start the trial."

      Mike Calabrese shook his head and told me with a wave of his hand that

      he wasn't bothered. He was a New York transpl
    ant, and eleven years in

      Portland hadn't changed the accent a bit. "Listen, Sammie, I can't

      speak for these guys, but me? I say there's no one better than you.

      I'm tired of these DAs who stick us up there on the stand and assume we

      know how it's gonna go. Most of them don't want to take time away from

      their weekend, so me? I appreciate it, is what I'm sayin'."

      I pulled out my trial notebook. "I thought we could start by running

      through the evidence that each of you will be covering. Then we'll go

      over the likely defense theories. You can help me out by making sure I

      know who these defense witnesses are. Any questions before we

      start?"

      Jack Walker held up a hand. "Yeah. I don't mind or anything, but our

      LT was a little peeved about all four of us being out to testify.

      Usually they just have one from each pairing go to court."

      The bureau has to pay cops time and a half for all off-duty work, so

      this meeting wasn't cheap. "I want all of you to testify for a couple

      of reasons. One advantage to this approach is that, subconsciously,

      we'll defeat any kind of Who Cares attitude the jurors might have in

      the back of their mind. Remember, they're not going to hear about

      Derringer's prior unless he testifies, so they'll be seeing him on his

      best behavior, in a suit, leaning over and writing notes to his

      attorney. And, as much as we all like Kendra, some jurors might see

      her as getting what a girl should expect when she's turning tricks for

      dope. By having all of you testify, we'll be telling the jury that the

      bureau cared about this case and put a lot of resources into it to get

     


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