Chapter 12
IT WAS A DAY that had been ripped from the pages of a child’s coloring book. Bright yellow sun. Birds tweeting and the flowery smell of summer everywhere. Even the pollarded trees on the hospital green had sprouted flamboyant hands of leaves since I’d last been outside, three weeks before.
A lovely day, for sure, but somehow I couldn’t reconcile life as usual with my creeping feeling that all was not well. Was it paranoia—or was another shoe about to drop?
Cat’s green Subaru Forester cruised around the elliptical driveway at the hospital entrance, and I could see my nieces waving their hands and bouncing up and down in the backseat. Once I strapped into the passenger seat, my mood lifted. I even started singing, “What a day for a daydream —”
“Aunt Lindsay, I didn’t know you could sing,” six-year-old Brigid piped up from the backseat.
“Sure I can. I played my guitar and sang my way through college, didn’t I, Cat?”
“We used to call her Top Forty,” said my sister. “She was like a human jukebox.”
“What’s a joooot box?” asked Meredith, age two and a half.
We laughed and I explained, “It’s like a giant CD player that plays records,” and then I explained what records were, too.
I rolled down the window and let the breeze blow back my long yellow hair as we drove east on Twenty-second Street toward the rows of pretty pastel two- and three-story Victorian houses that stair-stepped up and across the ridgeline of Potrero Hill.
Cat asked me about my plans, and I gave her a big wide-open shrug. I told her I was benched pending the IAB investigation of the shooting and that I had a whole pile of “injured on duty” time I might put to good use. Clean out my closets. Sort out those shoe boxes full of old photos.
“Here’s a better idea. Stay at our house and recuperate,” Cat said. “We’re off to Aspen in another week. Use the house, please! Penelope would love your company.”
“Who’s Penelope?”
The little girls giggled behind me.
“Whooooooo’s Penelope?”
“She’s our friend,” they chorused.
“Let me think about it,” I said to my sister as we turned left onto Mississippi and pulled up to the blue Victorian apartment house I called home.
Cat was helping me out of the car when Cindy loped down the front steps with Sweet Martha running in front of her.
My euphoric doggy almost knocked me over, licking me and woofing so loudly I only hoped Cindy heard me thank her for taking care of my girl.
I waved good-bye to everyone and was bumping up the stairs fantasizing about a hot soak in my shower and a long sleep in my own bed, when the doorbell rang.
“Okay, okay,” I grumbled. My guess? I was getting flowers.
I clumped down the stairs again and flung open the door. A young stranger wearing khakis and a Santa Clara sweatshirt stood at the threshold with an envelope in hand. I didn’t believe his cheese-eating smile for a second.
“Lindsay Boxer?”
“Nope. Wrong address,” I said perkily. “I think she lives over on Kansas.”
The young man grinned steadily—and I heard the clatter of that other shoe dropping.
Chapter 13
“KILL,” I SAID TO Martha. She looked up at me and wagged her tail. Trained border collies respond to many commands, but “Kill” isn’t one of them. I took the envelope from the kid, who backed away with his hands in the air. I slammed the door shut with my cane.
Upstairs in my apartment, I took what was clearly a legal notice out to the glass-and-tubular-steel table on my terrace, which had a staggering view of San Francisco Bay. I carefully eased my sorry butt into a chair.
Martha settled her head onto my good thigh, and I stroked her as I stared out across the hypnotic swells of glinting water.
The minutes ticked by, and when I couldn’t stand it any longer, I opened the envelope and unfolded the document.
Legalese jumped all around the “writ, summons, and complaint” as I tried to find the point of it. It wasn’t that hard. Dr. Andrew Cabot was suing me for “wrongful death, excessive use of force, and police misconduct.” He was asking for a preliminary hearing in a week’s time in order to attach my apartment, my bank account, and any worldly goods I might attempt to hide before the trial.
Cabot was suing me!
I felt hot and cold at the same time as a sense of profound injustice roared through me. I replayed the whole scene again. Yes, I’d made a mistake by trusting those kids, but excessive force? Police misconduct? Wrongful death?
Those murdering kids had had guns.
They’d shot me and Jacobi while our weapons were holstered. I’d ordered them to drop their guns before I returned fire! Jacobi was my witness. This was a clear-cut case of self-defense. Crystal clear!
But I was still scared. No, actually I was petrified.
I could see the headlines now. The public would set up a howl: sweet-faced little kids gunned down by a cop. The press would lap it up. I would be pilloried on Court TV.
In a minute or so, I would have to call Tracchio, get legal representation, marshal my forces. But I couldn’t do anything yet. I was frozen in my chair, paralyzed by a growing notion that I’d forgotten something important.
Something that could really hurt me.
Chapter 14
I WOKE UP IN a sweat, having thrashed my Egyptian cotton sheets to a fine froth. I took a couple of Tylenol for the pain and a sky blue Valium the shrink had given me, then I stared at the pattern the streetlights cast on the ceiling.
I rolled carefully onto my uninjured side and looked at the clock: 12:15. I’d only been asleep for an hour and I had the feeling I was in for a really long night.
“Martha. Here, girl.”
My pal jumped onto the bed and settled into the fetal hollow I made with my body. In a minute, her legs twitched as she herded sheep in her sleep while my brain continued to churn with Tracchio’s new neatly hedged version of “Don’t worry about nothin’.”
To wit:
“You’re gonna need two attorneys, Boxer. Mickey Sherman will represent you on behalf of the SFPD, but you’ll need your own lawyer to defend you in case . . . well, in case you’ve done something outside the scope of your job.”
“Then what? I’m on my own?”
I was hoping the drugs would tumble my mind off the hard edge of consciousness into the comfort of slumber, but it didn’t happen. Mentally, I ticked off the remains of the day, the meetings I’d set up with Sherman and my lawyer, a young woman called Ms. Castellano. Molinari had recommended her highly—and it means something when you get a rave review from the deputy director of Homeland Security.
Once again I concluded that I was taking good care of myself, given the circumstances. But the coming week was going to be hell. I needed something to look forward to.
I thought of Cat’s house. I hadn’t been there since she had moved in right after her divorce two years ago, but the images of where she lived were unforgettable. Only forty minutes south of San Francisco, Half Moon Bay was a little bit of paradise. There was a crescent-shaped bay with a sandy beach, redwood forests, and a panoramic ocean view, and it was warm enough in June to relax on Cat’s sunporch and bleach the ugly pictures from my brain.
I simply couldn’t wait until morning. I called my sister at quarter to one. Her voice was husky with sleep.
“Lindsay, of course I meant it. Come whenever you like. You know where the keys are.”
I fixed my thoughts on Half Moon Bay, but every time I nodded off dreaming of paradise, I snapped awake, my heart racing like a cyclotron. Fact was, my looming court date had taken hold of my mind and I couldn’t think about anything else.
Chapter 15
THUNDERCLOUDS GRAZED THE ROOF of the Civic Center Courthouse at 400 McAllister, and a lashing rain soaked the streets. Having dispensed with my cane this morning, I leaned against Mickey Sherman, attorney for the City of San Francisco, as we cli
mbed the slick courthouse steps. I was leaning on him in more ways than one.
We passed Dr. Andrew Cabot and his lawyer, Mason Broyles, who were giving an interview to the press beneath a cluster of black umbrellas. The only blessing was that there were no cameras pointed at me.
I grabbed a quick look at Mason Broyles as we passed. He had hooded eyes, flowing black hair, and a wolfish curl to his lip. I heard him say something about “Lieutenant Boxer’s savagery” and I knew he was going to gut me if he could. As for Dr. Cabot, grief had turned his face to a mask of stone.
Mickey pulled open one of the heavy steel-and-etched-glass doors and we entered the foyer of the courthouse. Mickey was a cool old hand, respected for his doggedness, street smarts, and considerable charm. He loathed losing and rarely did.
“Look, Lindsay,” he said, furling his umbrella. “He’s grandstanding because we have a great case. Don’t let him get to you. You have a lot of friends out there.”
I nodded, but I was thinking about how I’d put Sam Cabot in a wheelchair for life and his sister in the Cabot family plot for eternity. Their father didn’t need my apartment or my pathetic little bank account. He wanted to destroy me. And he’d hired just the guy to do it.
Mickey and I took the back stairs and slipped into courtroom C on the second floor. In a few minutes it was all going to happen inside this small, plain room with gray-painted walls and a window looking out onto an alley.
I’d stuck an SFPD pin in the lapel of my navy blue suit so I’d look as official as possible without wearing a uniform. As I took a seat beside him, I reviewed Mickey’s instructions: “When Broyles questions you, don’t give long explanations. ‘Yes, sir; no, sir.’ That’s it. He’s going to try to provoke you to show that you’ve got a quick temper and that’s why you pulled the trigger.”
I had never thought of myself as an angry person, but I was angry now. It had been a good shoot. A good shoot! The DA had cleared me! And now I felt like a target again. As the rows of seats filled with spectators, I was conscious of the chatter building behind me.
That’s the cop who shot the kids. That’s her.
Suddenly there was a reassuring hand on my shoulder. I turned, and my eyes watered when I saw Joe. I put my hand over his, and at the same time my eyes caught those of my other lawyer, a young Japanese American woman with the unlikely name of Yuki Castellano. We exchanged hellos as she took her place beside Mickey.
The rumble in the courtroom cut out suddenly as the bailiff called out, “All rise.”
We stood as Her Honor Rosa Algierri took the bench. Judge Algierri could dismiss the complaint and I could walk out of the courtroom, heal my body and soul, resume my life. Or she could send the case forward and I’d be facing a trial that could cost me everything I cared about.
“You okay, Lindsay?”
“Never better,” I said to Mickey.
He caught the sarcasm and touched my hand. A minute later, my heart started hammering. Mason Broyles rose to make his case against me.
Chapter 16
CABOT’S LAWYER SHOT HIS cuffs and stood silently for so long you could’ve twanged the tension in the room like a guitar string. Someone in the gallery coughed nervously.
“The plaintiff calls chief medical examiner Dr. Claire Washburn,” said Broyles at last, and my best friend took the stand for the plaintiffs.
I wanted to wave, smile, wink—something—but of course all I could do was watch. Broyles warmed up with a few easy lobs across the plate, but from then on, it was fastballs and knuckle curves all the way.
“On the evening of May tenth did you perform an autopsy on Sara Cabot?” Broyles asked.
“I did.”
“What can you tell us about her injuries?”
All eyes were fixed on Claire as she flipped through a leather-bound notepad before speaking again.
“I found two gunshot wounds to the chest pretty close together. Gunshot wound A was a penetrating gunshot wound situated on the left upper/outer chest six inches below the left shoulder and two and a half inches left of the anterior midline.”
Claire’s testimony was crucial, but still my mind drifted out of the courtroom and into the past. I saw myself standing in a dusky patch of streetlight on Larkin Street. I watched Sara take her gun out of her jacket and shoot me. I fell, rolled into a prone position.
“Drop your gun!”
“Fuck you, bitch.”
I fired my gun twice, and Sara fell only yards from where I lay. I’d killed that girl, and although I was innocent of the charges against me, my conscience was guilty, guilty, guilty.
I listened to Claire’s testimony as she described the second shot, which had gone through Sara’s sternum.
“It’s what we call a K-five,” said Claire. “It went through the pericardial sac, continued on through the heart, and terminated in thoracic vertebra number four, where I retrieved a semijacketed copper-colored, partially deformed, medium-size projectile.”
“Is this consistent with a nine-millimeter bullet?”
“It is.”
“Thank you, Dr. Washburn. I’m finished with this witness, Your Honor.”
Mickey put his hands flat on the defense table and came to his feet.
“Dr. Washburn, did Sara Cabot die instantly?”
“I’d say so. Within a heartbeat or two. Both of those gunshot wounds perforated the heart.”
“Uh-huh. And, Doctor, had the deceased recently fired a gun?”
“Yes. I saw some darkening at the base of her index finger that would be consistent with cylinder flare.”
“How do you know that that’s gunshot residue?”
“The way you know your mother’s your mother,” Claire said, her eyes twinkling. “Because that’s what she looks like.” She paused for the laughter to subside, then she continued. “Besides which, I photographed that smudging, documented it, and did a gunshot wound residue test, which was submitted to the laboratory and came back positive.”
“Could the deceased have shot Lieutenant Boxer after she herself was shot?”
“I don’t see how a dead girl could shoot anyone, Mr. Sherman.”
Mickey nodded. “Did you also note the trajectory of those gunshot wounds, Dr. Washburn?”
“I did. They were fired upward at angles of forty-seven and forty-nine degrees.”
“So to be absolutely clear, Doctor, Sara Cabot shot Lieutenant Boxer first—and the lieutenant returned fire upward from where she lay on the ground.”
“In my opinion, yes, that’s how it happened.”
“Would you call that ‘excessive force’ or ‘wrongful death’ or ‘police misconduct’?”
The judge sustained Broyles’s outraged objection. Mickey thanked Claire and dismissed her. He was smiling as he came toward me. My muscles relaxed, and I even returned Mickey’s smile. But the hearing was just beginning.
I felt a shock of fear when I saw the look in Mason Broyles’s eyes. You could only describe it as anticipatory. He couldn’t wait to get his next witness on the stand.
Chapter 17
“PLEASE STATE YOUR NAME,” Broyles said to a petite brunette woman in her early thirties.
“Betty D’Angelo.”
Her dark eyes behind her large horn-rimmed glasses darted quickly over to me, then back to Broyles again. I looked at Mickey Sherman and shrugged. To the best of my knowledge, I’d never seen this woman before.
“And what is your position?”
“I’m a registered nurse at San Francisco General.”
“Were you on duty in the ER on the evening and night of May tenth?”
“I was.”
“Did you have occasion to take blood from the defendant, Lindsay Boxer?”
“Yes.”
“And why was blood drawn?”
“We were prepping her for surgery, for extraction of the bullets and so on. It was a life-threatening situation. She was losing a lot of blood.”
“Yeah, I know, I know,” Broyles said,
batting away her comment like a housefly. “Tell us about the blood test.”
“It’s normal procedure to take blood. We had to match her up for transfusions.”
“Ms. D’Angelo, I’m looking at Lieutenant Boxer’s medical report from that night. It’s quite a voluminous report.” Broyles plopped a fat stack of paper on the witness stand and stabbed at it with a forefinger. “Is this your signature?”
4th of July (2005) Page 3
