"Mom, do you know where Glen works?"
"Dale."
"No, Mom. I'm asking about Glen."
"Dale," she said again. "That's probably not a good place for him. Too much temptation."
Charlotte stared off into space and Suzanne hit the Play button on the remote and she turned toward the TV.
"Sorry. It was worth a try."
"Thanks," JP said. He gave her his card and asked her to call if she thought of anything else.
Chapter 21
JP talked to the manager at Walmart where Irving had worked for a couple of years but found nothing that was helpful. Most of the employees he had worked with were no longer at that store. The two who knew him maintained that he was quiet and kept to himself. No one had anything significant to add.
JP sat at his computer and Googled the word Dale, hoping it had something to do with Glen Irving's workplace—although he realized it could just as easily be the name of someone Charlotte Irving once knew. His search turned up a lot of information about Dale Earnhardt, Jr., which JP found interesting but unhelpful. The Urban Dictionary defined Dale as a "kind and loving person," but JP was pretty certain that Charlotte wasn't using that word to describe her son.
He Googled Dale San Diego and found a medical doctor and an insurance company, but neither had ever had an employee named Glen Irving. He Googled Dale El Cajon, the community where Irving's mother was living, and found two law offices with Dale in their names. It took a little longer to establish that Irving had not worked at either firm.
He tried Dale La Mesa, a neighboring community, and discovered Dale Elementary School. He picked up the phone and called his friend Detective Greg Nelson.
"Hey, Greg, how's it going?"
"It's all good. Just busy. What's up?"
"You know I'm investigating the Irving case. Tray Copley is Sabre Brown's client."
"I saw that."
"I'm trying to track Irving's work history. I'm sure Sabre will get the information you have when she receives the discovery from the DA, but it would be helpful if you could check on one thing for me."
"What is it?"
“Can you tell me if Irving ever worked at Dale Elementary School in La Mesa?"
"Yes, he did. I can't imagine what damage he may have done there," Greg said. "Why? Do you know something I don't?"
"No, I'm just trying to sort out the timeline right now. When did he work there?"
JP heard papers shuffling.
"He was hired about a week before school ended last June, worked through the summer, and left shortly after school started."
"Did he quit or was he fired?"
"The paperwork read, “Didn't meet probationary standards,” so it's hard to tell if it was his work skills or his charming personality."
"Thanks for the info," JP said.
"Sure, let's get together for a drink sometime. It's been a while."
"I'm in, but I suppose we should wait until this case is over."
"That's probably best."
JP dialed Sabre. As soon as the phone rang, he realized his call was just an excuse to talk with her. After all, there wasn't anything she could do with the information he had found, at least not right now. He wanted to hang up, but it was too late.
"Hello," Sabre said.
"Hey, kid, I just wanted to give you a quick update. I don't have a report written yet, but I thought you might want to hear what I have."
"I do, but I'm in the middle of something right this moment."
"No problem. I'll email you a report in the morning." He was frustrated at himself for calling.
He was about to say goodbye when Sabre said, "Can you come by the office? I'm still here working, but I'm almost done with the case I’m working on."
"You're still at the office? Alone?"
"Yes. I'm alone. My doors are all locked. All is good."
"I'll be right there."
JP hated when Sabre worked late at night in her office. A few years back, she’d had a stalker and it had given her a good scare. For a long time after the man had been apprehended, she hadn't worked late there. But she hated the restriction on her, and he knew she had started extending her hours beyond those of the two men with whom she shared the building. Suddenly, JP was glad he had called her.
***
Sabre was talking on her cell when she unlocked the door and JP entered the building. She moved her head in a sideways motion, indicating that he should follow her. They walked back to her office, and JP waited until she finished her conversation.
"What a mess," Sabre said when she hung up. "I got a call from the father of one of my minor clients saying the child’s mother is seeing an old boyfriend who uses drugs and he’s been around when his daughter is there. The mother then called and was screaming that the father is abusing the child and filling her head with lies. The child says neither of those things is true, but I don't know if she's just trying to protect them or if the mother or father is making up things. The child had a bruise on her leg the size of a nickel, which she says she got from a fall when she was playing with her friend. For now she's been placed with the paternal aunt who says neither parent should have this child, but the aunt can't keep the little girl any longer because she's been diagnosed with cancer. The grandparents are like the Hatfields and the McCoys. Neither set will let the other parent see the kid if they have her." Sabre took a deep breath. "I'm sorry for babbling. What great news do you have for me?"
"I wish it was better, kid, but I feel like I've been hugging a rose bush so far."
"I'm guessing that's not so good."
"Too many thorns.” He winked and nodded. “Jodi Ellis, the clerk at Albertsons, remembers Sister Maria being in the store because she’s been going there a long time and she knows her by sight. She also remembers the incident, and by that I mean she remembers seeing the man. She also thought the nun was acting a little strange, but she didn't know why. She can't describe the man or the kid, except that he was a light-skinned black kid. I showed her several photos of kids and she couldn't pick out any one of them, with the exception of one photo which she eliminated."
"So all that witness will do is confirm that the sister was there and saw a man and a boy fitting Tray's description, which will help the jury believe the nun."
"Yup."
"What else do you have?"
"I discovered that there was a man in front of Albertsons trying to obtain signatures on a petition that day. I managed to track him down, but he just barely remembers being at Albertsons. He did not remember seeing Irving, couldn’t recognize his photo, and did not remember seeing any white man with any kid, white or black. He sniffs a lot, which might mean he has a cold, but I think it's more likely that it's from previous drug use."
"He's out."
"I met with Irving's sister, Suzanne, who lives with and cares for their ailing mother. Suzanne knows Irving had a problem but never had any real evidence of it. She told me about an incident in Orange County, which I will follow up on, but it's a long shot. Their mother has Alzheimer’s and thinks her son is still alive, but when I asked her where he worked, she mentioned Dale and went on to say that it wasn't a good place for him. As it turns out, he worked at Dale Elementary School for a very short time last year."
Sabre shivered. "How do these creeps end up in schools?"
"They go where the cotton is tall," JP said. "He was let go because he ‘didn't meet probationary standards.' I'll try to see what that means, but it's hard to get into those kinds of records."
"Even if you were able to find out that he was let go for some sexual misconduct, it'll take a court order to get the name of the child. And we would need some pretty hard evidence to get the order."
"I'm still trying to find Anthony, the kid at the skatepark who was hanging out with Drew while he waited for Tray to come from therapy. I went with Drew to the skatepark on Saturday and looked for him, but he wasn't there. I had Drew look around to see if he recognized anyone else wh
o was there that day, but no luck."
"By the way,” Sabre said, “they still haven’t identified the second body that the police found when they discovered Irving. Some woman came forward and tried to claim him as her husband. But when she claimed her husband was President Ronald Reagan, they pretty much discounted anything she had to offer.” Sabre paused. “What else do you have?”
"The good news is that I found Tray's father, Horatio Whisenant. He's probably not our killer, although I haven't had a chance to check his alibi. However, he's willing to perjure himself and give the kid an alibi if we think that will help. And he wants to congratulate the guy who ‘ganked the goof,’ as he put it."
"And he used the term goof?"
"It rolled right off his tongue."
After JP received some direction as to where Sabre wanted him to spend his time on this case, he said, "Are you finished with your work here?"
"Just about."
"How about if I wait around until you’re done? It's getting late and Bob wouldn't like it if I left you here alone."
Sabre smiled. "You're right." She packed up her things and they walked toward the door.
"Have you had dinner?" JP asked.
"No."
"Are you hungry?"
"I'm starved."
Chapter 22
JP was in Sabre’s office delivering a report he had recently finished. She wondered why he didn’t just email it, but she never minded seeing him in person.
“I’m meeting with Dr. Bell, Tray’s therapist,” Sabre said. “He has worked with other clients I’ve had in the past, and although I’ve spoken with him many times, I’ve only seen him once before. That’s when he testified at the dispositional hearing for Tray's placement. He made an excellent witness, was very believable, and he didn't buckle under pressure. He’s a super nice guy, very friendly, and my minors all seem to like him.” Sabre heard the front door to her building open. “That must be him now.”
“Then I’ll get out of your hair.”
As JP was leaving, Elaine was escorting Dr. Bell to Sabre’s office. The doctor was wearing a t-shirt, and a bit of blue ink was exposed below the sleeve. JP nodded to the doctor and said, “Nice tattoo.”
“Thank you,” Bell said and kept walking.
"Good evening, Ms. Brown," he said, as he walked into her office. He was an attractive man in his sixties who stood about five foot eight. Sabre remembered from the last time they met that he was always fighting to keep his weight off. He seemed to be doing better with it because he was in pretty good shape.
"Good evening. Please call me Sabre."
Elaine started to close the door, and Sabre said to her, "Chris Firmstone will be here shortly. If you have to leave, just leave my door open so I hear him come in."
"I'm in no hurry. I can wait until 'young surfer boy' gets here."
Sabre chuckled. Elaine liked to call the attorneys by nicknames, most of which Bob had named, but she had come up with a few on her own. There were two “surfer-boys”—Wagner and Firmstone. She distinguished them by calling Firmstone young surfer boy and Wagner old surfer boy. There were others too, like Ichabod Crane, who was a tall, lanky, Harvard graduate. Her favorite was Cruella De Vil, a tall, bossy woman with short, gray hair.
"Please have a seat," Sabre said. "How was your trip?"
"It was amazing. Always is."
"You've been before?"
"Yes, many times. I go to Tanzania to work with children with albinism about every three months. They have such a plight. The witch doctors claim that albino body parts are magical, so their belief consequently puts all albinos at risk. People hunt them down and chop off their fingers, ears, or other appendages and sell them. Sometimes, the families even sell their own albino children so they can afford to feed the rest of their family. It's a very poor country. The majority of children with albinism now live in special schools because it's too dangerous to live at home. There's a philanthropist from Canada who has formed a non-profit organization called Under the Same Sun. He does so much for the kids. I volunteer with that program whenever I can."
Sabre stared with fascination at his comments.
"I'm sorry," Dr. Bell said, "I'm on my soap box again, aren't I?"
"I'm just amazed and appalled at what you are saying. It's hard to believe that this sort of thing goes on in the world today. Why Tanzania? Does the government allow it to continue?"
"They have laws against the maiming and killing, but so far those laws haven't really deterred anyone. Thanks to the many efforts of organizations like Under the Same Sun, they're starting to enforce the laws more. But for some reason, Tanzania has an inordinate amount of children with albinism, more than most countries, and no one knows for certain why that is."
Sabre shook her head. She didn't know what to say. Just then the door opened and Chris Firmstone entered. Sabre introduced the two men, and Chris took a seat next to the therapist.
"Have I missed anything?" Chris asked.
"Not a thing. The doctor was just telling me about his fascinating trip." She turned to face Dr. Bell. "We have a number of questions about Tray. The prosecutor wants to try this child as an adult, which we think is ridiculous. We’d like to hear your take on that. We'll be able to put the fitness hearing off for a few months, but we need to know what kind of battle it's going to be. Have you ever testified in a 707 hearing?"
"Yes, several times."
"You know what we have to show in order to keep the case in juvenile court?"
"I'm quite familiar with the statute."
"Very well. I've shared what I know with Mr. Firmstone about your background and the length of time you've been working with Tray, so we don't need to get into all that."
"Good."
"Chris, would you like to start the questioning?" Sabre asked.
Without answering Sabre, Chris began. "Tray is fourteen years old. Would you consider him to be mature for his age?"
"Quite the contrary,”Dr. Bell said. “Tray is far younger and less sophisticated than most fourteen-year-olds. He's very much a kid. He still likes kid play, and the kind of friends he's drawn to are immature as well."
"How do you think he would do in an adult criminal environment?"
"He wouldn't survive. It would be like putting a kitten in a lion's den."
"But Tray has had to fend for himself a good part of his life. Hasn't that prepared him for adult interaction in a prison setting?"
"Tray's not the typical result of a child of addicted parents. Although he has seen far more than any child should see over the years, he has also had long bouts of good parenting. When his mother is clean, she's a responsible, loving parent. Unlike most children who are raised in a drug-addicted environment, he hasn't transferred his survival needs to his everyday life. He only shows maturity when it comes to taking care of his little sister. As soon as he doesn't have that responsibility, he reverts to childlike behavior. For that reason, I wasn't anxious to have his sister placed with him in the foster home, but he quickly trusted the foster parents to do their job, so he doesn't have to."
"Doesn't that in itself show maturity? Wouldn't he just adapt, like he does with his sister?"
"I don't believe that he would. He hasn't shown any real maturity in any other aspect of his life, nor does he plan ahead to take care of her. He only reacts in the moment to her needs."
Sabre spoke up. "Dr. Bell, if we go beyond the fitness hearing, do you think Tray could have planned this elaborate crime that they are suggesting? Could he have set Irving up to meet him, then lured him to the crime scene, killed and buried him, and then gone about his daily life?"
"No. I do not believe Tray would do that. He reacts to his sister's needs. If she's hungry, he gets her food. If she's sad, he comforts her. If she were in danger, he would try to protect her. But he doesn't anticipate her needs, or his own for that matter. Where he would protect Shanisha, he may not do the same for himself because he has a different set of fears. If Irving came t
o him, he could react in two ways. He could slip into a state of fear and do nothing or say nothing. Or, at this point in his therapy, he would likely be stronger than that and at least run."
"Or perhaps fight back?" Sabre asked.
"Yes, he could do that if he felt threatened. But most likely, I would expect him to flee and tell someone."
Another hour of questioning brought more of the same. The therapist was very adamant that Tray should be tried in juvenile court, and both Sabre and Chris were confident that he could explain his stance well in court under direct or cross.
"While you're here, I would like to clarify a few things about your last session with Tray."
"What would you like to know?"
"The best the medical examiner can determine as a time of death is a twenty-four hour time period that ranges from about one o'clock in the afternoon on Saturday, the eleventh of May, until noon or one the next day. Part of that time frame is based on the fact that a witness saw Irving at around eleven or twelve on Saturday morning. So if that is correct, Irving was still alive at that time. Supposedly, Tray was with him at that time. But according to Tray and his foster mother, Tray had an appointment with you at the same time he was allegedly seen with Irving. We need you to verify that Tray was with you."
Dr. Bell wrinkled his brow for the first time. He removed his phone from his pocket and looked at his calendar. "Tray is mistaken. I did have an appointment with him, but I had to cancel it."
"Are you sure? I know the foster mother didn't bring him, but she had it in her calendar and Tray is adamant about being there."
He shook his head and sighed. "I saw Tray for the last time before my trip on Wednesday. I told him that I couldn't make the Saturday appointment because I was leaving for Africa on Friday. I even tried to get a colleague, Dr. Debra Clark, to fill in for me, but she wasn’t available. Tray was supposed to relay the cancellation to his foster parents. I'm afraid I had so much to do that I didn't follow up."
The Advocate's Homicides Page 9
