A Matter of Life and Death

by Phillip Margolin

  “On the day Hayes threatened Hennessey, Judge Carasco had one of Hennessey’s cases transferred to his court for a four o’clock hearing, figuring that Hennessey would run to him because he had introduced Hennessey to Hayes. The judge invited Hennessey to dinner, and they were eating in Bocci’s, an Italian restaurant, at the same time a man named Sal Benedetto was beating Elizabeth Carasco to death in the Carasco home.

  “As you know from the Lattimore case, Joseph Lattimore was tricked into believing that he had killed the defendant’s father, Carlos Ortega, in a no-holds-barred fight hosted by Bash. Benedetto phoned the judge at dinner to tell him that his wife was dead and phoned a man named Andre Rostov, who forced Mr. Lattimore to break into Carasco’s house just as the judge and Hennessey drove onto Carasco’s street. Mr. Lattimore was arrested for killing Mrs. Carasco and Carlos Ortega.

  “The evidence will show that the authorities notified Carlos Ortega’s wife that Carlos was dead. Mr. Ortega’s mother told her son what had happened. Soon after, a video of the fight showing Mr. Lattimore fighting with Carlos was aired on the internet.

  “The defendant came to Portland using the alias Brent Macklin. He claimed to be a writer working on a story about illegal, no-holds-barred fights. The evidence will show that he was really trying to find out who was behind the fight that ended in his father’s death so he could exact revenge.

  “On the Thursday evening Judge Carasco was murdered, Mr. Bash held another illegal fight in the same location, where the defendant’s father was killed. We learned about the fight, and a raid was authorized. Judge Carasco was at the fight. We don’t know how the defendant found out about the fight or its location, but photographs taken from a drone used to assist the raiding party show the judge fleeing the scene around eleven on Thursday evening and the defendant following him.

  “A security guard entered the Grandview complex to begin his rounds around midnight on Thursday. He saw a car driving slowly through the parking lot. When he drove over to confront the driver, the car sped away. The guard wrote down the license plate number, and the vehicle turned out to be a rental car registered to Brent Macklin, the defendant’s alias. The medical examiner will testify that the defendant was in the complex during the time span the medical examiner determined that Judge Carasco was murdered.

  “We discovered that the defendant was staying at a hotel near the airport. When we questioned the defendant, he denied ever being at the Grandview apartments. Then he struck me and tried to escape.”

  “That is our case, Your Honor,” Vanessa said. “We can establish a revenge motive and show that the defendant was at the Grandview apartments during the time period when the victim was killed.”

  “Do you have any questions of the witness, Ms. Lockwood?” the judge asked.

  “I do. Is Bert Solomon the security guard who told you he saw Mr. Ortega’s rental car driving through the Grandview lot?”

  “Yes.”

  “Did he know if the car had just come into the lot, was leaving the lot, or was simply driving around looking for something?”

  “He just said he saw the car driving around the lot.”

  “Didn’t Mr. Solomon tell you that he checked the door on apartment 5 after Mr. Ortega drove away and found the door closed?”

  “Yes.”

  “Didn’t he also tell you that he looked at the door a day or so later, shortly before discovering the judge’s body, and found that it was not completely shut?”

  “Yes.”

  “Doesn’t that indicate that someone entered, left, or did both after Mr. Ortega drove out of the Grandview complex?”

  Dillon hesitated. “That could be one interpretation.”

  “Isn’t it possible that Mr. Ortega drove into the Grandview complex looking for Judge Carasco and was spooked by Mr. Solomon before he figured out what apartment the judge was in?”

  “That’s possible.”

  “The medical examiner’s estimate of the time of death spans several hours, doesn’t it?”

  “Yes.”

  “Isn’t it also possible that another person entered apartment 5 after Mr. Solomon completed his rounds, killed the judge, and left the door ajar?”

  “Yes.”

  “And this could have happened at any time between the time Mr. Ortega drove away, the time Mr. Solomon found the door to apartment 5 closed, and the time Mr. Solomon found the door to apartment 5 ajar, as long as it was within the time span when the murder occurred?”

  “Yes, but Mr. Ortega might have returned.”

  “You can’t prove that, can you?”

  “No, it’s just a possibility.”

  “Isn’t it really groundless speculation?”

  “It’s a possibility,” Dillon insisted.

  “Detective, isn’t it true that no trace evidence belonging to my client, such as fingerprints, DNA, hairs, and the like, was found inside the apartment?”

  “Yes.”

  “But prints belonging to a man named Andre Rostov were found in the apartment?”

  “Yes.”

  “Mr. Rostov ran out the back of the barn and drove away at the same time Judge Carasco ran out, didn’t he?”

  “Yes.”

  “And they both drove away in the same direction?”

  “Yes.”

  “I conducted a citizen’s arrest of Mr. Rostov at his house on the evening of the fight, didn’t I?”

  “Yes.”

  “Didn’t you conduct an experiment to see if Mr. Rostov could have driven from the barn to apartment 5, then to his house?”

  “Yes.”

  “You concluded it was possible, didn’t you?”

  “Yes.”

  “Mr. Rostov is a criminal with a record of violence, isn’t he?”

  “Yes.”

  “Have you recovered the murder weapon?”

  “No.”

  “Did you find a key to apartment 5 on my client?”

  “No.”

  “Do you have any witness who will testify that Mr. Ortega threatened to kill Judge Carasco?”

  “No.”

  “Am I correct in concluding that you have no proof that Mr. Ortega expressed a desire to kill Judge Carasco, no proof that he was inside apartment 5 or possessed a key to apartment 5 or the weapon that killed the judge?”

  “I … Yes.”

  “Nothing further, Your Honor,” Robin said.

  “Mrs. Cole?”

  “Detective Dillon, is there evidence that Andre Rostov had been in apartment 5 before the date of the murder?”

  “Yes.”

  “Please tell the judge what made him go there.”

  “Mr. Rostov will testify that Stacey Hayes had a pimp named Karl Tepper, who set up a hidden camera in the bedroom of apartment 5. Every time Hayes had sex with the judge, the event was recorded secretly. On the two occasions when Hayes and Ian Hennessey had sex, two more sex tapes were made.

  “Tepper told the judge to pay him or the tapes and his relationship with a prostitute would be made public. The judge paid Rostov to go to apartment 5 and beat up Tepper. Rostov forced Miss Hayes to show him where the camera and the tapes were hidden. The camera was hidden on the top shelf of a bookcase that was across from the bed, and the tapes were concealed in two hollowed-out books that hid the camera from view. Mr. Rostov took the tapes out of the books. Then he told Miss Hayes to get out of the state and not return. Mr. Rostov gave the sex tapes to the judge at the fight.”

  “This incident occurred while the judge was still alive and before the illegal fight?”

  “Yes.”

  “Nothing further, Your Honor,” Vanessa said.

  “Any more questions of this witness, Ms. Lockwood?”

  “No.”

  “Any witnesses?”

  Robin was about to tell the judge that she didn’t have any witnesses when she remembered something Roger Dillon had just said. She froze. That was when she figured out what her subconscious had been trying to tell her in her dream! />
  “Ms. Lockwood?” Judge Wright said.

  “Your Honor, can we take a recess? I might have a witness.”

  “Very well. Will twenty minutes be enough?’

  “It should be.”

  Judge Wright left the bench, and Robin waved Jeff to the front of the courtroom.

  “What’s up?” Amanda asked.

  “I’ll tell you after I take another look at the discovery.”

  “You rang?” Jeff said.

  “I need you to serve a subpoena right now.”

  “Who’s the victim?” Jeff asked, and Robin told him. Then she took a look at the crime scene photograph of the bedroom in apartment 5 and reread one of the interviews.

  CHAPTER SIXTY

  “Good morning, Mr. Hennessey. I apologize for serving you with a subpoena on such short notice, but I need your testimony to clarify a few points.”

  “Okay.”

  “Do you feel that Anthony Carasco set you up when he asked you to take Stacey Hayes to dinner on the day that we tried a case against each other?”

  “Definitely! He hired a man to kill his wife, and he suckered me into being his alibi.”

  “How did he do that?”

  Hennessey flushed and looked toward the floor.

  “Stacey played me. She pretended to like me. When we were in bed together, she taped us. On the day Mrs. Carasco was murdered, Stacey asked me to come to her apartment. Then she threatened to tell Mrs. Cole that I was paying her for sex if I didn’t get rid of her outstanding warrants, which I never did.”

  “Get rid of the warrants or pay her?” Robin asked.

  Hennessey blushed. “I didn’t do either one,” he said.

  “Okay. What happened after she threatened you?”

  “The judge had switched one of my cases to his court for a late-afternoon hearing. He knew I’d run to him for help, and he engineered it so I would be with him when his wife was killed.”

  “You aren’t involved in Mr. Ortega’s case other than as a witness, are you?”

  “No.”

  “So you haven’t seen the police reports, crime scene photographs, autopsy reports—all the stuff Mrs. Cole gave me in discovery—have you?”

  “No.”

  “I’m sorry if this is embarrassing, but I have to ask you. You were only in Miss Hayes’s bedroom twice, right?”

  “Yes.”

  “Was the first time on your second date?”

  “Yes.”

  “Was the second time when she threatened you?”

  “Yes.”

  “Were you in bed, naked, when Miss Hayes threatened you with her gun?”

  Hennessey’s pale features flushed bright red, and he nodded.

  “You have to answer out loud so the court reporter can put your answer in the record,” Judge Wright reminded the young DA.

  “Yes.”

  “Can I assume that your eyes were glued to that gun?” Robin said.

  “Yes.”

  “Can I also assume that you dressed and got out of that apartment as fast as you could?”

  “Yes.”

  “And that was the last time you were in apartment 5 at the Grandview?”

  “Yes.”

  “Then I’m confused, Mr. Hennessey. Do you remember being interviewed by Detective Dillon?”

  “Yes.”

  “May I approach the witness, Your Honor?”

  “Go ahead,” Judge Wright said.

  Robin handed Hennessey a copy of his interview, which had been turned to one of the pages.

  “Did you tell Detective Dillon, and I quote,

  “I’m such a sucker. I never suspected that I was being set up for blackmail. There was a bookcase across from the bed. A camera was hidden between two books on the top shelf. Stacey said she had a sex tape of us she’d send to Vanessa if I didn’t help her. When I got upset, she pulled a gun on me and told me to get dressed and go to my office and fix the warrants. I left right away. I wanted to get out of there as fast as I could.”

  “Yes, I said that.”

  Robin paused and looked directly at Hennessey. “How did you know that the camera was hidden between two books on the top shelf of the bookcase?”

  Hennessey looked confused. “She said she had a tape of us having sex. There had to be a camera.”

  “That would be a reasonable deduction, but the camera was hidden from view on the two occasions you were in Miss Hayes’s bedroom. Can you explain to Judge Wright how you knew the exact location of the concealed camera?”

  “I … She…”

  “Let me help you. Isn’t the answer that you learned where the camera was hidden on your third visit to apartment number 5, when you murdered a man you hated; a man who was trying to ruin your life?”

  “No, I … I didn’t kill the judge.”

  “Carasco knew that Kevin Bash would talk to get out of his legal troubles, and Bash’s ace in the hole was his knowledge that Carasco had paid him to have Elizabeth Carasco killed. So, Carasco was on the run and needed money fast. He knew you had a trust fund, because you’d told Stacey Hayes. At the fight, Andre Rostov gave the sex tapes with you and Hayes on them to the judge. The tapes were not in apartment 5 when the judge’s body was discovered.

  “I think Carasco was hiding at the apartment and ordered you to come over. He knew you’d do anything for the tapes, including getting money when your bank opened on Friday morning. What he didn’t count on was how much you hated him.

  “When you came to apartment 5 the third time, Andre Rostov had knocked the books that had concealed the tapes to the floor, exposing the location of the camera. That’s when you learned where the camera was hidden.

  “You also knew that there was a gun in Stacey’s nightstand. I think you killed Anthony Carasco with that gun and left with the sex tapes. Did I get that right?”

  Hennessey’s mouth opened, but no words came out. He looked at Vanessa Cole. Then his head swung back to Robin.

  “Well, Mr. Hennessey. We’re all waiting for your answer,” Robin said, but all the young prosecutor did was look down and begin to sob.

  * * *

  Luis Ortega walked out of the jail elevator, and Robin walked over to meet him. As soon as she was near enough, Luis wrapped her in a hug.

  “I don’t know how to thank you,” he said when he let go. “You literally saved my life.”

  “How are you feeling?”

  Luis paused before answering. “You know, I thought I’d feel great when the people who were responsible for my father’s death were punished, but I just feel empty. And I feel really bad about Ian. This was all Carasco’s doing. Ian is an innocent victim of Carasco’s horrible plot. I know he killed someone, but I wish there were some way he could be saved.”

  “I talked to Vanessa, and she feels awful about having to prosecute Ian. Mary Garrett is representing him. She’s the best. She and Vanessa will work something out.”

  “Tell her I’ll testify about Ian’s mental state. It was obvious to me that he was at the end of his rope.”

  “I will. So, are you headed home?”

  “After I make arrangements to have Dad’s body sent back for burial.”

  “How is your mom doing?”

  “She’s sad that Dad’s life ended the way it did, but I think she’s finally found peace knowing he’s at rest.”

  Robin took Luis’s hand and gave it a gentle squeeze. “Have a safe journey home—you and your dad.”

  “We will, thanks to you.”

  CHAPTER SIXTY-ONE

  Robin’s cell phone rang, and Jeff grabbed it. They were lying on lounge chairs at the pool of a very expensive resort on Maui.

  “Didn’t I order you to turn that thing off?”

  “You’re not the boss of me,” Robin said with a smile.

  “I am definitely the boss of you on this vacation, and you may not communicate with anyone on the mainland for the next seven days. Now sip your piña colada or there will be no conjugation this afternoon
.”

  Robin laughed. “I don’t think that’s the correct term for what we’ve been doing.”

  “Then where does conjugal visit come from?”

  “I don’t have the energy to argue about your vocabulary.”

  Robin held up her hand and smiled as she studied the diamond engagement ring Jeff had given her on their first night at the resort.

  “Do you still like the ring?” Jeff asked.

  “I’d like it even if it were plastic and came in a Happy Meal. How did you know how to size it?”

  “I’m an ace detective.”

  Robin laughed and studied the ebb and flow of the ocean for a while before taking another sip of her drink.

  “Say, I’ve been meaning to ask you about your dream,” Jeff said. “Amanda told me that the nightmare helped you solve the case. How did that work?”

  “When I was wandering through the spooky corridors in my nightmare, I thought the important thing was finding a hidden door that would let me escape. But that wasn’t what my subconscious was trying to tell me.

  “Roger told the judge that Rostov forced Hayes to tell him where the camera was hidden. That meant that Rostov couldn’t see it, even though he’s really tall, just like I couldn’t see the hidden door. That made me wonder how Hennessey could have seen the camera during the two times in Hayes’s apartment.

  “When I looked at the crime scene photo, it showed the top shelf of the bookcase without any books and the two hollow books spread on the floor after Rostov got the tapes. That’s when the position of the camera would have been exposed, and that’s when I figured out that Hennessey had to have been in the apartment a third time.”

  “And you got all this from a dream?” Jeff said.

  Robin shrugged. “What can I say? My mind is like a Rubik’s Cube. Once I get a problem, it keeps tumbling around until all of the sides are the right color.”

  “Based on what our apartment looks like, I’d say your mind is like a washing machine that’s tumbling around a load of dirty laundry.”

  Robin fixed Jeff with a playful glare. “One more crack like that and you won’t be conjugating any verbs or parsing any sentences for the rest of this vacation.”