The Essential Jack Reacher 12-Book Bundle
Page 87
“Can we prove stolen?”
“OK, obtained,” Emerson said.
“Maybe he works for the city construction department.”
“Maybe.”
“You think the cone came from the work on First Street?”
“There’s construction all over town.”
“First Street would be closest.”
“I don’t really care where the cone came from.”
Rodin nodded. “So, he reserved himself a parking space?”
Emerson nodded in turn. “Right where the new construction starts. Therefore the cone would have looked plausible. We have a witness who saw it in place at least an hour before. And the cone has fingerprints on it. Lots of them. The right thumb and index finger match prints on a quarter we took out of the parking meter.”
“He paid to park?”
“Evidently.”
Rodin paused.
“Won’t stand up,” he said. “Defense will claim he could have placed the cone for an innocent reason. You know, selfish but innocent. And the quarter could have been in the meter for days.”
Emerson smiled. Cops think like cops, and lawyers think like lawyers.
“There’s more,” he said. “He parked, and then he walked through the new construction. At various points he left trace evidence behind, from his shoes and his clothing. And he’ll have picked trace evidence up, in the form of cement dust, mostly. Probably a lot of it.”
Rodin shook his head. “Ties him to the scene sometime during the last two weeks. That’s all. Not specific enough.”
“We’ve got a three-way lock on his weapon,” Emerson said.
That got Rodin’s attention.
“He missed with one shot,” Emerson said. “It went into the pool. And you know what? That’s exactly how ballistics labs test-fire a gun. They fire into a long tank of water. The water slows and stops the bullet with absolutely no damage at all. So we’ve got a pristine bullet with all the lands and grooves we need to tie it to an individual rifle.”
“Can you find the individual rifle?”
“We’ve got varnish scrapings from where he steadied it on the wall.”
“That’s good.”
“You bet it is. We find the rifle and we’ll match the varnish and the scratches. It’s as good as DNA.”
“Are you going to find the rifle?”
“We found a shell case. It’s got tool marks on it from the ejector mechanism. So we’ve got a bullet and a case. Together they tie the weapon to the crime. The scratches tie the weapon to the garage location. The garage location ties the crime to the guy who left the trace evidence behind.”
Rodin said nothing. Emerson knew he was thinking about the trial. Technical evidence was sometimes a hard sell. It lacked a human dimension.
“The shell case has got fingerprints on it,” Emerson said. “From when he loaded the magazine. Same thumb and index finger as on the quarter in the parking meter and on the traffic cone. So we can tie the crime to the gun, and the gun to the ammo, and the ammo to the guy who used it. See? It all connects. The guy, the gun, the crime. It’s a total slam dunk.”
“The videotape shows the minivan leaving?”
“Ninety seconds after the first 911 call came in.”
“Who is he?”
“We’ll know just as soon as the fingerprint databases get back to us.”
“If he’s in the databases.”
“I think he was a military shooter,” Emerson said. “All military personnel are in the databases. So it’s just a matter of time.”
It was a matter of forty-nine minutes. A desk guy knocked and entered. He was carrying a sheaf of paper. The paper listed a name, an address, and a history. Plus supplementary information from all over the system. Including a driver’s license photo. Emerson took the paper and glanced through it once. Then again. Then he smiled. Exactly six hours after the first shot was fired, the situation was nailed down tight. A must-win.
“His name is James Barr,” Emerson said.
Silence in the office.
“He’s forty-one years old. He lives twenty minutes from here. He served in the U.S. Army. Honorable discharge fourteen years ago. Infantry specialist, which I’m betting means a sniper. DMV says he drives a six-year-old Dodge Caravan, beige.”
He slid the papers across his desk to Rodin. Rodin picked them up and scanned them through, once, twice, carefully. Emerson watched his eyes. Saw him thinking the guy, the gun, the crime. It was like watching a Vegas slot machine line up three cherries. Bing bing bing! A total certainty.
“James Barr,” Rodin said, like he was savoring the sound of the words. He separated out the DL picture and gazed at it. “James Barr, welcome to a shitload of trouble, sir.”
“Amen to that,” Emerson said, waiting for a compliment.
“I’ll get the warrants,” Rodin said. “Arrest, and searches on his house and car. Judges will be lining up to sign them.”
He left and Emerson called the Chief of Police with the good news. The Chief said he would schedule an eight o’clock press conference for the next morning. He said he wanted Emerson there, front and center. Emerson took that as all the compliment he was going to get, even though he didn’t much like the press.
The warrants were ready within an hour, but the arrest took three hours to set up. First, unmarked surveillance confirmed Barr was home. His place was an unremarkable one-story ranch. Not immaculate, not falling down. Old paint on the siding, fresh blacktop on the driveway. Lights were on and a television set was playing in what was probably the living room. Barr himself was spotted briefly, in a lighted window. He seemed to be alone. Then he seemed to go to bed. Lights went off and the house went quiet. So then there was a pause. It was standard operating procedure to plan carefully for the takedown of an armed man inside a building. The PD SWAT team took charge. They used zoning maps from the city offices and came up with the usual kind of thing. Covert encirclement, overwhelming force on standby front and rear, sudden violent assault on the front and rear doors simultaneously. Emerson was detailed to make the actual arrest, wearing full body armor and a borrowed helmet. An assistant DA would be alongside him, to monitor the legality of the process. Nobody wanted to give a defense attorney anything to chew on later. A paramedic team would be instantly available. Two K9 officers would go along because of the crime-scene investigator’s theory about the dog in the house. Altogether thirty-eight men were involved, and they were all tired. Most of them had been working nineteen hours straight. Their regular watches, plus overtime. So there was a lot of nervous tension in the air. People figured that nobody owned just one automatic weapon. If a guy had one, he had more. Maybe full-auto machine guns. Maybe grenades or bombs.
But the arrest was a walk in the park. James Barr barely even woke up. They broke down his doors at three in the morning and found him asleep, alone in bed. He stayed asleep with fifteen armed men in his bedroom aiming fifteen submachine guns and fifteen flashlight beams at him. He stirred a little when the SWAT commander threw his blankets and pillows to the floor, searching for concealed weapons. He had none. He opened his eyes. Mumbled something that sounded like What? and then went back to sleep, curling up on the flat mattress, hugging himself against the sudden cold. He was a large man, with white skin and black hair that was going gray all over his body. His pajamas were too small for him. He looked slack, and a little older than his forty-one years.
His dog was an old mutt that woke up reluctantly and staggered in from the kitchen. The K9 team captured it immediately and took it straight out to their truck. Emerson took his helmet off and pushed his way through the crowd in the tiny bedroom. Saw a three-quarters-full pint of Jack Daniel’s on the night table, next to an orange prescription bottle that was also three-quarters full. He bent to look at it. Sleeping pills. Legal. Recently prescribed to someone called Rosemary Barr. The label said: Rosemary Barr. Take one for sleeplessness.
“Who’s Rosemary Barr?” the assistant DA asked. �
�Is he married?”
Emerson glanced around the room. “Doesn’t look like it.”
“Suicide attempt?” the SWAT commander asked.
Emerson shook his head. “He’d have swallowed them all. Plus the whole pint of JD. So I guess Mr. Barr had trouble getting off to sleep tonight, that’s all. After a very busy and productive day.”
The air in the room was stale. It smelled of dirty sheets and an unwashed body.
“We need to be careful here,” the assistant DA said. “He’s impaired right now. His lawyer is going to say he’s not fully capable of understanding Miranda. So we can’t let him say anything. And if he does say something, we can’t listen.”
Emerson called for the paramedics. Told them to check Barr out, to make sure he wasn’t faking, and to make sure he wasn’t about to die on them. They fussed around for a few minutes, listened to his heart, checked his pulse, read the prescription label. Then they pronounced him reasonably fit and healthy, but fast asleep.
“Psychopath,” the SWAT commander said. “No conscience at all.”
“Are we even sure this is the right guy?” the assistant DA asked.
Emerson found a pair of dress pants folded over a chair and checked the pockets. Came out with a small wallet. Found the driver’s license. The name was right, and the address was right. And the photograph was right.
“This is the right guy,” he said.
“We can’t let him say anything,” the ADA said again. “We need to keep this kosher.”
“I’m going to Mirandize him anyway,” Emerson said. “Make a mental note, people.”
He shook Barr by the shoulder and got half-opened eyes in response. Then he recited the Miranda warning. The right to remain silent, the right to a lawyer. Barr tried to focus, but didn’t succeed. Then he went back to sleep.
“OK, take him in,” Emerson said.
They wrapped him in a blanket and two cops dragged him out of the house and into a car. A paramedic and the ADA rode with him. Emerson stayed in the house and started the search. He found the scuffed blue jeans in the bedroom closet. The crepe-soled shoes were placed neatly on the floor below them. They were dusty. The raincoat was in the hall closet. The beige Dodge Caravan was in the garage. The scratched rifle was in the basement. It was one of several resting on a rack bolted to the wall. On a bench underneath it were five nine-millimeter handguns. And boxes of ammunition, including a half-empty box of Lake City M852 168-grain boat tail hollow point .308s. Next to the boxes were glass jars with empty cartridge cases in them. Ready for recycling, Emerson thought. Ready for handloading. The jar nearest the front of the bench held just five of them. Lake City brass. The jar’s lid was still off, like the five latest cases had been dumped in there recently and in a hurry. Emerson bent down and sniffed. The air in the jar smelled of gunpowder. Cold and old, but not very.
Emerson left James Barr’s house at four in the morning, replaced by forensic specialists who would go through the whole place with a fine-tooth comb. He checked with his desk sergeant and confirmed that Barr was sleeping peacefully in a cell on his own with round-the-clock medical supervision. Then he went home and caught a two-hour nap before showering and dressing for the press conference.
The press conference killed the story stone dead. A story needs the guy to be still out there. A story needs the guy roaming, sullen, hidden, shadowy, dangerous. It needs fear. It needs to make everyday chores exposed and hazardous, like pumping gas or visiting the mall or walking to church. So to hear that the guy was found and arrested even before the start of the second news cycle was a disaster for Ann Yanni. Immediately she knew what the network offices were going to think. No legs, over and done with, history. Yesterday’s news, literally. Probably wasn’t much of anything anyway. Just some inbred heartland weirdo too dumb to stay free through the night. Probably sleeps with his cousin and drinks Colt 45. Nothing sinister there. She would get one more network breaking news spot to recap the crime and report the arrest, and that would be it. Back to obscurity.
So Ann Yanni was disappointed, but she hid it well. She asked questions and made her tone admiring. About halfway through she started putting together a new theme. A new narrative. People would have to admit the police work had been pretty impressive. And this perp wasn’t a weirdo. Not necessarily. So a serious bad guy had been caught by an even-more-serious police department. Right out there in the heartland. Something that had taken considerable time on the coasts in previous famous cases. Could she sell it? She started drafting titles in the back of her mind. America’s Fastest? Like a play on Finest?
The Chief yielded the floor to Detective Emerson after about ten minutes. Emerson filled in full details on the perp’s identity and his history. He kept it dry. Just the facts, ma’am. He outlined the investigation. He answered questions. He didn’t boast. Ann Yanni thought that he felt the cops had been lucky. That they had been given much more to go on than they usually got.
Then Rodin stepped up. The DA made it sound like the PD had been involved in some early minor skirmishing and that the real work was about to begin. His office would review everything and make the necessary determinations. And yes, Ms. Yanni, because he thought the circumstances warranted it, certainly he would seek the death penalty for James Barr.
James Barr woke up in his cell with a chemical hangover at nine o’clock Saturday morning. He was immediately fingerprinted and re-Mirandized once, and then twice. The right to remain silent, the right to a lawyer. He chose to remain silent. Not many people do. Not many people can. The urge to talk is usually overwhelming. But James Barr beat it. He just clamped his mouth shut and kept it that way. Plenty of people tried to talk to him, but he didn’t answer. Not once. Not a word. Emerson was relaxed about it. Truth was, Emerson didn’t really want Barr to say anything. He preferred to line up all the evidence, scrutinize it, test it, polish it, and get to a point where he could anticipate a conviction without a confession. Confessions were so vulnerable to defense accusations of coercion or confusion that he had learned to run away from them. They were icing on the cake. Literally the last thing he wanted to hear, not the first. Not like on the TV cop shows, where relentless interrogation was a kind of performance art. So he just stayed out of the loop and let his forensics people complete their slow, patient work.
James Barr’s sister was younger than him and unmarried and living in a rented downtown condo. Her name was Rosemary. Like the rest of the city’s population, she was sick and shocked and stunned. She had seen the news Friday night. And she caught it again Saturday morning. She heard a police detective say her brother’s name. At first she thought it was a mistake. That she had misheard. But the guy kept on saying it. James Barr, James Barr, James Barr. Rosemary burst into tears. First tears of confusion, then tears of horror, then tears of fury.
Then she forced herself to calm down, and got busy.
She worked as a secretary in an eight-man law firm. Like most firms in small heartland cities, hers did a little bit of everything. And it treated its employees fairly well. The salary wasn’t spectacular, but there were intangibles to compensate. One was a full package of benefits. Another was being called a paralegal instead of a secretary. Another was a promise that the firm would handle legal matters for its employees and their families free, gratis, and for nothing. Mostly that was about wills and probate and divorce, and insurance company hassles after fender benders. It wasn’t about defending adult siblings who were wrongly accused in notorious urban sniper slayings. She knew that. But she felt she had to give it a try. Because she knew her brother, and she knew he couldn’t be guilty.
She called the partner she worked for, at home. He was mostly a tax guy, so he called the firm’s criminal litigator. The litigator called the managing partner, who called a meeting of all the partners. They held it over lunch at the country club. From the start, the agenda was about how to turn down Rosemary Barr’s request in the most tactful way possible. A defense to a crime of this nature wasn’t the sort
of thing they were equipped to handle. Or inclined to handle. There were public relations implications. There was immediate agreement on that point. But they were a loyal bunch, and Rosemary Barr was a good employee who had worked many years for them. They knew she had no money, because they did her taxes. They assumed her brother had no money, either. But the Constitution guaranteed competent counsel, and they didn’t have a very high opinion of public defenders. So they were caught in a genuine ethical dilemma.
The litigator resolved it. His name was David Chapman. He was a hardscrabble veteran who knew Rodin over at the DA’s office. He knew him pretty well. It would have been impossible for him not to, really. They were two of a kind, raised in the same neighborhood and working in the same business, albeit on opposite sides. So Chapman went to the smoking room and used his cell phone to call the DA at home. The two lawyers had a full and frank discussion. Then Chapman came back to the lunch table.
“It’s a slam dunk,” he said. “Ms. Barr’s brother is guilty all to hell and gone. Rodin’s case is going to read like a textbook. Hell, it’s probably going to be a textbook one day. He’s got every kind of evidence there is. There’s not a chink of daylight anywhere.”
“Was he leveling with you?” the managing partner asked.
“There’s no bullshitting between old buddies,” Chapman said.
“So?”
“All we would have to do is plead in mitigation. If we can get the lethal injection reduced to life without parole, there’s a big win right there. That’s all Ms. Barr has a right to expect. Or her damn brother, with all due respect.”
“How much involvement?” the managing partner asked.