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Homicide

Page 27

by David Simon


  But all this was just a prelude to the one that really mattered: They’d found the body of another taxi driver in a wooded park on the city’s northwest edge. As the fifteenth murder of a cab driver in eight years, the beating death of a Checker Cab employee got the full red-ball treatment, not only because it looks bad for a city to permit an open season on its taxi drivers, but because the hack was a woman. Found nude from the waist down. Murdered. In Northwest Baltimore.

  That made six dead women in that district since December, all of them unsolved. The Northwest murders were decidedly unrelated: two were rape-murders with markedly different characteristics, two were drug killings, one an apparent argument, and this latest a cab robbery and possible rape. But the string of open cases was beginning to attract newspaper headlines and therefore dead women in the Northwestern District had suddenly acquired real prestige with the department brass.

  As if to acknowledge his sudden vulnerability, D’Addario himself went to the scene of the cabbie murder. So, too, did the captain. Not to mention the district commander from the Northwest and the police department’s chief spokesman. Donald Worden was off, but the rest of McLarney’s squad took the call, with Rick James as the primary and Eddie Brown as secondary investigator. Never mind that he would be without the Big Man on this call, James was a man who counted his overtime, and by that reckoning alone he was due for a fresh murder. For three weeks he had wallowed at his desk near the front of the office, cursing every phone extension, silently willing the communications unit to send him a major case, a red ball with many hours involved.

  “Incoming … I got it,” he shouted time and again, grabbing every call on the first bleat. And then, in a mood blackened by poverty: “Edgerton, pick up line one. Sounds like your wife.”

  The ancient Greeks were fond of saying that the gods punish a man most by answering his prayers, and on Powder Mill Road, James was saddled with a stone whodunit. Face down at the edge of a wooded trail was a black woman in her thirties, wearing only a brown jacket with “Checker Cab” and “Karen” on either side of the chest. There was no wallet, purse, or identification, although her shoes, pants and panties lay near the body. Three hours after she was discovered, a Baltimore County unit found Checker Cab 4 in a garden apartment parking lot in Owings Mills, six to eight miles west of the city line. Abandoned with its hazard lights flashing, the cab caught the attention of neighbors; when contacted, cab company officials confirmed that neither cab 4, nor its driver, Karen Renee Smith, had been seen or heard from since nine o’clock that morning. The positive ID followed soon after.

  Nothing about the murder of Karen Smith resembled any of the previous Northwest killings, but to argue such subtleties in the face of a departmental mood swing is futility defined. Now, a day later, the colonel is calling in the troops, ordering special details for each of the open murders of Northwest women while trying to avoid suggesting a lack of confidence in the homicide unit. Within twenty-four hours, a dozen fresh uniforms and detectives from other CID sections will be assigned to homicide—two for each of the six primary investigators in the Northwest murders. The annex office interrogation room will be converted into a cramped command post of sorts, with maps and charts, photographs of the victims, in and out boxes for the paperwork generated by the detail. Reward sheets for information on each of the murders will be printed for distribution in the neighborhoods near each crime scene.

  The primary detectives are to use the extra manpower to generate new leads and run down any loose ends in the case files. They are to make the Northwest murders their first priority and, with a nod to a recent newspaper article that began the campaign by hinting at the possibility of a serial killer, they are to be especially vigilant for anything that might link these murders.

  One of the six cases—the murder of Brenda Thompson, stabbed to death in the back of a Dodge in early January—runs into a conflicting priority: Latonya Wallace. Harry Edgerton is the primary detective in the Thompson murder, the secondary in the slaying of the little girl. As a result, the Thompson case is farmed out to Bertina Silver.

  Edgerton and his sergeant, Roger Nolan, argue briefly with both D’Addario and the captain against the change, maintaining that it serves no purpose to change the primary detective in the middle of an investigation for the sake of creating some immediate activity. Edgerton knows the case file and the players, and most important, he has spent hours creating a working relationship with his best suspect, a young street dealer who sold for Brenda Thompson and owed her money. The kid has already been willing to subject himself to a couple of long interrogations. Edgerton argues that the Thompson murder is already two months old, and anything the special detail may do now can just as easily be done two or three or four weeks down the road, after the Latonya Wallace case has resolved itself.

  Edgerton has on his side the prevailing wisdom and tradition of the homicide unit, both of which argue that no one can know a murder as well as the detective who handles the scene and its aftermath. The bosses, however, are adamant. A police department is a reactive beast, and with the newspapers and television both crowing about the possibility of multiple murders in the Northwest, tradition and wisdom are both being sold off at basement prices. The Thompson case goes to Bert Silver.

  In happier times, Edgerton might have appealed personally to D’Addario, but now that the lieutenant has problems of his own, that appeal would be pointless. Latonya Wallace, the subterranean clearance rate, the Northwest murders—any and all are reason enough for D’Addario to feel vulnerable. Already there has been one meeting with the colonel and Deputy Mullen on the Latonya Wallace detail, an hour-long summary in which Jay Landsman outlined the efforts undertaken by the detectives and then fielded questions until the bosses seemed mollified. The meeting was a seamless piece of departmental politics, but D’Addario has to know that unless the solve rate rises, Landsman’s performance is no more than a temporary reprieve.

  If D’Addario had stayed tight with the captain, the threat wouldn’t be so severe. Lately, however, a conflict that had been percolating for months has suddenly come to full boil. Simply put, the captain doesn’t want D’Addario as one of his shift lieutenants; to D’Addario, the decision to bypass him on the Monroe Street probe said as much. And now, with his solve rate so low, the captain has leverage with which he can press the point—unless D’Addario can, like a cat with a canary locked in its jaw, go to the colonel with a fresh victory in one of the major cases, or at least a hint that the solve rate is turning around. It matters not at all that D’Addario has done the job for eight years; the consciousness of the command staff rarely strays beyond the latest red ball and as a result, the departmental hierarchy often expresses itself in that timeless query of practical politics: What have you done for me lately?

  If the rate is good, if the red balls fall, it doesn’t matter how D’Addario runs his shift. You say your detectives and sergeants are told to follow their own judgment on cases? Obviously, a fine example of a leader emphasizing confidence and responsibility. You say you leave it to the sergeants to train and discipline their men? Obviously, a man who knows the value of delegated responsibility. You say your overtime is running 90 percent over budget? That’s fine, you’ve got to break some eggs for that omelette. Court time, too? Well, that just proves that more of these murders are going to trial. But let the rate slip and the lieutenant’s image is suddenly transformed into that of a man incapable of directing and disciplining his men, a commander who leaves too much in the hands of his subordinates, a manager who can’t control his budget.

  On the midnight shift just before the colonel’s brief oratory, five or six detectives were adrift in the admin office, floating on a sea of paperwork from the fresh spate of open murders. Eddie Brown, James, Fahlteich, Kincaid, Nolan—a fair cross section, a gathering of veterans who had all seen both good times and bad in the homicide unit. Inevitably, the talk turned to whether this year would really turn out any worse. Some argued that it always e
vened out, that for every stretch of stone whodunits there was a supply of dunkers waiting to take up the slack. Others pointed out that the rate would be higher if the shift had bothered to save a few December clearances to pump up the current year’s stats. But for all of their talk, none of the detectives could remember a rate as low as 36 percent.

  “And I’ll tell you something,” said Fahlteich, “I have a feeling it’s only going to get worse.”

  “Oh, it’s going to get a helluva lot worse,” Nolan agreed. “We’ve been coasting around here for a long time and now it’s catching up to us.”

  Suddenly no one in the room was typing or collating anymore as voices competed with one another in a recitation of longstanding grievances. They complained about the equipment, about cars without radios and about a major urban department that still doesn’t provide a polygraph examiner suitable for criminal investigations, requiring detectives to use the state police facilities. They complained about the cutbacks in overtime, about the department’s reluctance to pay for pretrial preparation so that good cases wouldn’t come unglued in the months between arrest and trial. They complained about the lack of money to pay informants and, consequently, the lack of informants. They complained about the inability of the trace and ballistics labs to keep up with the violence, about how the state’s attorney’s office no longer charged anyone with perjury when they lied to a grand jury, about how too many prosecutors allowed witnesses to back up on their grand jury testimony. They complained about the growing number of drug-related murders, about how the days of the domestic dunker and 90-plus clearance rates were long gone. They complained that the phone didn’t ring the way it used to after a murder, that fewer people were willing to drop a dime and risk becoming a witness to an act of violence.

  As a bitch-and-moan session, it was entirely satisfying. After a good forty minutes, the group was still thumping on dead horseflesh: “Look at Washington,” said Brown. “That ain’t but thirty miles away from us.”

  For a police detective, a detail with the District of Columbia’s homicide unit had suddenly become synonymous with being assigned to hell itself. Washington was well on the way to becoming the U.S. murder capital in 1988; only two years earlier, the capital and Baltimore had posted similar rates and fought for whatever distinction comes with being the nation’s tenth deadliest city. Now, in the wake of a cocaine epidemic and a series of Jamaican drug wars in the capital’s Northeast and Southeast quadrants, the District’s police department was contending with an incidence of homicide double that of Baltimore. As a result, Washington’s homicide squad—once one of the best-trained investigative units in the nation—was now posting a clearance rate in the low 40s. Awash in a deluge of violence, there was no time for follow-up investigation, no time for pretrial preparation, no time for anything but picking up bodies. From what the Baltimore detectives gathered in passing encounters, morale in the D.C. unit was nonexistent.

  “The same thing’s going to happen here and nobody’s doing a damn thing about it,” said Brown. “Wait until we start seeing some of that crack up here. We already got the Jamaican problem up in the Northwest, but does anyone give a damn about that? Hell, no. This town’s gonna break wide open and this department isn’t even gonna know what hit it.”

  Fahlteich pointed out that in some ways the homicide unit was its own worst enemy: “Every year we give them a clearance rate above the average, so every year they figure we can make do with what we have.”

  “That’s it exactly,” said Nolan.

  “So,” Fahlteich continued, “when we come back and ask for more detectives, or better cars or radios or training or whatever, the bosses can look at the rate and say, ‘Shit on that, they don’t need anything more than they got last year.’”

  “We’ve done with so little for so long that now it’s coming back to haunt us,” Nolan said. “I’ll tell you, if we get two more nights like this last one, we’ll never climb out of the hole.”

  “We might not climb out anyway,” said Fahlteich. “We’ll be lucky to get above sixty percent from where we are now.”

  “Hey, if we don’t,” said Ed Brown, “it won’t just stop with the lieutenant. They’ll go and have themselves a housecleaning, and a lot of people up here are gonna be out the damn door.”

  “No shit,” agreed Fahlteich.

  Then Nolan brought the room to silence. “I think this just might be the year,” he said with the barest of smiles, “when the wheels fall off the cart.”

  You are a citizen of a free nation, having lived your adult life in a land of guaranteed civil liberties, and you commit a crime of violence, whereupon you are jacked up, hauled down to a police station and deposited in a claustrophobic anteroom with three chairs, a table and no windows. There you sit for a half hour or so until a police detective—a man you have never met before, a man who can in no way be mistaken for a friend—enters the room with a thin stack of lined notepaper and a ballpoint pen.

  The detective offers a cigarette, not your brand, and begins an uninterrupted monologue that wanders back and forth for a half hour more, eventually coming to rest in a familiar place: “You have the absolute right to remain silent.”

  Of course you do. You’re a criminal. Criminals always have the right to remain silent. At least once in your miserable life, you spent an hour in front of a television set, listening to this book-’em-Danno routine. You think Joe Friday was lying to you? You think Kojak was making this horseshit up? No way, bunk, we’re talking sacred freedoms here, notably your Fifth Fucking Amendment protection against self-incrimination, and hey, it was good enough for Ollie North, so who are you to go incriminating yourself at the first opportunity? Get it straight: A police detective, a man who gets paid government money to put you in prison, is explaining your absolute right to shut up before you say something stupid.

  “Anything you say or write may be used against you in a court of law.”

  Yo, bunky, wake the fuck up. You’re now being told that talking to a police detective in an interrogation room can only hurt you. If it could help you, they would probably be pretty quick to say that, wouldn’t they? They’d stand up and say you have the right not to worry because what you say or write in this godforsaken cubicle is gonna be used to your benefit in a court of law. No, your best bet is to shut up. Shut up now.

  “You have the right to talk with a lawyer at any time—before any questioning, before answering any questions, or during any questions.”

  Talk about helpful. Now the man who wants to arrest you for violating the peace and dignity of the state is saying you can talk to a trained professional, an attorney who has read the relevant portions of the Maryland Annotated Code or can at least get his hands on some Cliff’s Notes. And let’s face it, pal, you just carved up a drunk in a Dundalk Avenue bar, but that don’t make you a neurosurgeon. Take whatever help you can get.

  “If you want a lawyer and cannot afford to hire one, you will not be asked any questions, and the court will be requested to appoint a lawyer for you.”

  Translation: You’re a derelict. No charge for derelicts.

  At this point, if all lobes are working, you ought to have seen enough of this Double Jeopardy category to know that it ain’t where you want to be. How about a little something from Criminal Lawyers and Their Clients for $50, Alex?

  Whoa, bunk, not so fast.

  “Before we get started, lemme just get through the paperwork,” says the detective, who now produces an Explanation of Rights sheet, BPD Form 69, and passes it across the table.

  “EXPLANATION OF RIGHTS,” declares the top line in bold block letters. The detective asks you to fill in your name, address, age, and education, then the date and time. That much accomplished, he asks you to read the next section. It begins, “YOU ARE HEREBY ADVISED THAT:” Read number one, the detective says. Do you understand number one?

  “You have the absolute right to remain silent.”

  Yeah, you understand. We did this already.
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br />   “Then write your initials next to number one. Now read number two.”

  And so forth, until you have initialed each component of the Miranda warning. That done, the detective tells you to write your signature on the next line, the one just below the sentence that says, “I HAVE READ THE ABOVE EXPLANATION OF MY RIGHTS AND FULLY UNDERSTAND IT.”

  You sign your name and the monologue resumes. The detective assures you that he has informed you of these rights because he wants you to be protected, because there is nothing that concerns him more than giving you every possible assistance in this very confusing and stressful moment in your life. If you don’t want to talk, he tells you, that’s fine. And if you want a lawyer, that’s fine, too, because first of all, he’s no relation to the guy you cut up, and second, he’s gonna get six hours overtime no matter what you do. But he wants you to know—and he’s been doing this a lot longer than you, so take his word for it—that your rights to remain silent and obtain qualified counsel aren’t all they’re cracked up to be.

  Look at it this way, he says, leaning back in his chair. Once you up and call for that lawyer, son, we can’t do a damn thing for you. No sir, your friends in the city homicide unit are going to have to leave you locked in this room all alone and the next authority figure to scan your case will be a tie-wearing, three-piece bloodsucker—a no-nonsense prosecutor from the Violent Crimes Unit with the official title of assistant state’s attorney for the city of Baltimore. And God help you then, son, because a ruthless fucker like that will have an O’Donnell Heights motorhead like yourself halfway to the gas chamber before you get three words out. Now’s the time to speak up, right now when I got my pen and paper here on the table, because once I walk out of this room any chance you have of telling your side of the story is gone and I gotta write it up the way it looks. And the way it looks right now is first-fucking-degree murder. Felony murder, mister, which when shoved up a man’s asshole is a helluva lot more painful than second-degree or maybe even manslaughter. What you say right here and now could make the difference, bunk. Did I mention that Maryland has a gas chamber? Big, ugly sumbitch at the penitentiary on Eager Street, not twenty blocks from here. You don’t wanna get too close to that bad boy, lemme tell you.

 

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