10th Anniversary
Page 4
Chapter 12
PHIL HOFFMAN PACED in front of the reception desk at the seventh-floor jail in the Hall of Justice. He was waiting for his client Dr. Candace Martin, who was changing out of her prison uniform in preparation for her first day of trial.
Candace was holding up well.
She was determined. She was focused. And while she was uncomfortable in her present circumstances, she had borne up well under the confinement — the close contact with the other inmates, the rules — because that was what it took to get to this day.
Now it was up to him.
If Phil won an acquittal, Candace would go back to her job as head of cardiac surgery at Mercy Hospital. The stain on her name would be eradicated. She would be able to pick up the parenting of her two children, who were, even now, waiting for them outside the courtroom.
Phil had talked to both of the kids, and in his judgment they could handle the pressure. But he did expect a challenge from opposing counsel.
Phil had gone up against Yuki Castellano before, and he quite liked her. She was feisty and she was smart, but Hoffman knew her greatest weakness, too. Yuki bulled ahead, wielding her passion while skipping over potholes and ignoring warning signs that the bridge ahead was out.
Without being cocky about it, he liked his odds of winning better than hers.
Phil stopped pacing. There was a clanking of barred doors, then the echo of footsteps, and Candace came through the door in a tailored suit and handcuffs.
“Hey, Phil,” Candace said.
Phil came toward her, touched her shoulder, and said, “How are you doing? Okay?”
“Way better than okay, Phil. I’ve been waiting for this day for a lifetime. A year, anyway.”
The guard removed her handcuffs and said, “Good luck, Dr. Martin.”
Candace rubbed her wrists. “Thanks, Dede. See you later.”
Phil held the elevator door for Candace and smiled at her as they descended to the third floor.
He’d also been waiting for this day for more than a year. And he was pretty sure that today was going to be a very good day.
Chapter 13
ALL TWO HUNDRED people in courtroom 3B seemed to be talking at once. Yuki was texting her boss to tell him there’d been a mysterious delay when, at just after ten, the bailiff called out, “All rise for His Honor, Judge Byron LaVan,” and the judge entered the oak-paneled courtroom.
LaVan was fifty-two, a square-jawed man with wild dark hair and black-rimmed glasses. He was known to be a short-tempered judge with an impressive background in criminal law.
He took the bench, the seal of the state of California behind him, the American flag to his right, the state flag to his left. Laptop open in front of him, he was ready to start.
When the gallery was reseated, the judge brusquely apologized for his lateness, saying there had been a family emergency. Then he asked the bailiff to bring in the jury.
The twelve jurors and two alternates filed into the jury box, fumbled with their handbags and notebooks, and settled into their maroon swivel chairs. To Yuki’s right, Phil Hoffman whispered to his client, Dr. Candace Martin.
Sitting in the first row, directly behind Dr. Martin, were her two beautiful young children, Caitlin and Duncan, looking like angels. Angels who didn’t know what the hell was happening.
So, that was how Hoffman was going to play it, Yuki thought. He was going to go for sympathy from the jury.
Suddenly Yuki was struck with a sickening realization. Bringing the kids to court wasn’t just a bid for sympathy from the jury. Hoffman was forcing her to dial down her rhetoric so that she wouldn’t upset the kids.
Controlling son of a bitch.
She couldn’t let him get away with that.
Yuki listened to the judge instruct the jury, but a part of her mind was on her former, lucrative job in a big-deal law firm, which she’d quit so that she could do something meaningful — for herself and for the people of San Francisco.
Not that she was a selfless do-gooder. After two years of defending the rich, Yuki had become highly motivated to put away killers like Candace Martin who thought they could hire a thousand-dollar-an-hour defense attorney and beat the rap.
The judge finished his talk to the jury and turned to face the courtroom. Yuki got to her feet and said, “Your Honor, may I approach the bench?”
Judge LaVan looked at her like she had farted in court. Too bad, she thought. She stood firm until the judge signaled to Yuki and Hoffman to step forward.
Hoffman’s sequoia-like height dwarfed Yuki’s five foot two. She felt young and small by comparison, the top of her head about level with Hoffman’s armpit.
Yuki said, “Your Honor, I object to the defendant’s young children being present in the courtroom. The State is accusing their mother of killing their father. When I say what I have to say, the kids are going to get upset, which is going to make the jury sympathize with the defendant.”
LaVan said, “Mr. Hoffman? Have you got a position on this?”
“The kids are well behaved and they know the truth, Your Honor. Their mother is innocent. They’re here to show their support.”
LaVan cleaned his glasses with a tissue, repositioned them on the bridge of his nose, and said, “Ms. Castellano, do your job. Ignore the kids. I’ll instruct the jury to do the same. Let’s get on with it, shall we? Is the prosecution ready?”
“Yes, Your Honor, we are.”
“Then tell us what you’ve got.”
Chapter 14
YUKI’S HEART WAS PUMPING pure hot adrenaline as she crossed the well of the courtroom and took the lectern. She reminded herself to relax her shoulders and smile as she swept the jury box with her eyes. Then she launched into her opening argument.
“The defendant is charged with premeditated murder — that is, murder in the first degree,” Yuki said, her voice ringing out over the courtroom.
“In the next few days, the State will prove beyond a reasonable doubt that the defendant, Candace Martin, shot and killed her husband, Dennis Martin. We will introduce physical evidence and testimony that will show that Dr. Martin’s hands are not just dirty, they’re as black as sin.”
There was a gratifying intake of breath in the courtroom, and Yuki waited out the whispers moving like a wind across the gallery. Then she began to lay out the prosecution’s case as neatly as a hand of solitaire.
“Dennis Martin was shot to death in the foyer of his home on the night of September fourteenth of last year. This is not in dispute.
“The four people who were in the house at the time of the murder were Candace Martin, her two children, and the family cook. All were questioned by the police, and evidence was taken. The twenty-two-caliber handgun that was used to kill Dennis Martin was collected at the scene of the crime and so was the gunshot residue on Candace Martin’s hands.
“There is only one way to get GSR on your hands,” Yuki told the jury. “You get it by firing a gun.”
Yuki told the jury that Candace Martin had the means and the opportunity to kill her husband.
“We’re not required to show motive, but we will tell you why Candace Martin planned and executed this murder.
“Dennis Martin was a habitual womanizer, and at the time of his death, he was having another affair. But Mr. Martin didn’t try to cover up his activities.
“During their thirteen years of marriage, Mr. Martin taunted his wife with his infidelity and finally, on September fourteenth, she’d had enough.
“In our society, marital infidelity is punishable by divorce, but Candace Martin figured her husband deserved the death penalty. With her husband dead, she’d get the kids, the three-point-five-million-dollar home, and everything in their combined bank accounts. She’d also get the meal that is best served cold — revenge.”
Yuki sneaked a glance at the Martin children. The little boy’s mouth was hanging open. The little girl was scowling. The judge had said “Ignore them” and Yuki tried to do that as she pr
eemptively set fire to the defense’s position.
“Mr. Hoffman will tell you that his client didn’t do it,” Yuki told the jurors. “He will say that the defendant was in her home office when she heard shots in the foyer. He will say that she found her husband bleeding on the floor, that she checked his pulse, that she realized that her husband was dead. And then — what do you know? She heard an intruder leaving by the front door.
“Mr. Hoffman will tell you that Candace Martin called out and that the intruder was startled and dropped his gun. And he will tell you that his client picked up the gun and followed the intruder outside and fired at him.
“That’s the defense’s explanation for the gunshot residue on Candace Martin’s hands.
“There’s only one problem,” Yuki said to the fourteen men and women in the jury box. “This story is entirely bogus.
“There was no intruder.
“There was no forced entry into the house, and nothing was stolen.
“But Candace Martin had told several people that she wanted her husband dead, and the very evening of the fatal incident she was seen handling a gun.
“Our job in the DA’s office is to speak for the victim,” Yuki said, “and we will do that. But if Mr. Martin could speak for himself, he’d tell you who killed him,” said Yuki, pointing at the pretty, blond heart surgeon who was chewing on the ends of her hair.
“He’d tell you that his dear wife shot him dead.”
Chapter 15
SUSIE’S CARIBBEAN CAFÉ is a mood changer in the best possible way. The walls are yellow, the calypso music is live, the food is hot, and the beer is cold. Susie’s is also the unofficial clubhouse of our gang of four, branded the Women’s Murder Club by our friend, girl reporter Cindy Thomas.
I desperately needed an hour at Susie’s. Conklin and I had spent the day looking for a newborn baby. We’d walked with cadaver dogs, checked in with divers at the edge of Lake Merced, and made an all-day, fruitless canvass of houses in the area, with Avis Richardson’s photo in hand, asking, “Have you seen this girl?”
Then, ten minutes ago, a stunning call had come in to Jacobi. Avis Richardson had turned up behind the locked doors of a schoolmate’s parents’ apartment on Russian Hill. These “do-gooders” were keeping Avis away from the cops until her parents could arrive from New Zealand. So Avis had been located, but we still had no leads on her baby, who was either missing or dead.
Probably both.
Claire and I drove to Susie’s together in my car and parked in a miraculously empty spot on Jackson Street near the corner of Montgomery. We came through the door into the lilting beat of steel drums and laughter, and waved to casual friends. We passed the bar and took the narrow and aromatic aisle past the kitchen to the cozy back room where Yuki was already holding down our booth.
Lorraine called out, “Hey, y’all,” and brought over a frosty pitcher of beer, along with Yuki’s watermelon margarita. Yuki cannot hold her liquor, but that doesn’t stop her from drinking it.
I slid into the banquette next to Yuki, while Claire took the other side of the booth. Yuki lifted her glass of pink liquid mind-bender and took a slug.
“Sip it!” we shouted to her in unison.
Yuki snorted tequila up her nose and sputtered, “I have earned the right to get drunk. I made a brilliant opener and then the judge gets a call. His sick mother is fading fast. He adjourns court for the day. By tomorrow, Phil Hoffman will have read the transcript and will pick my bones clean in his opener.”
At that, Cindy, dependably the last to arrive, scooted into the booth next to Claire and bumped her hip, saying, “Give me a couple of inches here, girlfriend.”
Claire said, “Are you all going to listen to what happened to me today? Or do I have to fight for the talking stick? Because I will do it.”
“You go first,” Yuki said, holding up her empty glass to the light. Claire didn’t wait for anyone to object.
“I get called to go to this house in the Sacramento Delta,” she said. “A friend of mine called in a favor. So I drive to this swampland — can only get there by these veiny little roads and levees — and I find this hunting cabin.
“This old dude who lives there paid all his bills two weeks in advance and hasn’t been seen since. Now people are starting to ask, ‘What happened to Mr. Wingnut?’”
Cindy was thumbing the keys on her Crackberry while Claire told her story.
“There’s this long lump under the bedcovers,” Claire said, plucking the PDA out of Cindy’s hand, putting it in her pocket, treating Cindy like she was a little girl.
“Hey!” said Cindy.
I had to laugh — and I did.
Claire went on, ignoring Cindy pawing at her pocket and retrieving her phone. “I pull back the blankets and the dead man has been mummified by the heat and he’s holding a freakin’ AK forty-seven in his hands.”
Cindy stopped what she was doing and stared at Claire.
“He was dead? Holding an AK forty-seven?”
“He killed himself with that gun,” Claire said. “Sent my pulse rocketing into the low one-eighties. You can believe that.”
Cindy looked stricken.
“I’m okay, now, sugar,” said Claire. “It was just a scare.”
Cindy swiveled her head toward me, her blond curls bouncing, her clear blue eyes locking on mine.
“That text I just got was from Metro Emergency,” she said. “Another girl thinks she was raped.”
“Another girl? Thinks she was raped?”
“Linds, I feel it in my gut. A very wonky story is brewing. Do me a favor, will you? Give me a lift to the hospital.”
Chapter 16
I GUNNED MY CAR along Columbus Avenue to Montgomery Street and past the Transamerica Pyramid, my siren whooping to clear a lane in the dinner-hour rush.
Beside me Cindy clung to her armrest and told me about Laura Rizzo, a woman who might have been drugged and assaulted the same night Avis Richardson was found wandering under a moonless sky fifteen miles north of the city.
I had to check out Cindy’s “wonky story.”
Two girls had been assaulted now, maybe three — and none of them had memories of the assaults? Could there be a connection to Avis Richardson? Or was I just wishing for a lead — any lead?
I brought Cindy up to speed on the Richardson case as I reached the intersection of Montgomery and Market streets. I came close to clipping a big-assed Lexus and ran onto the trolley tracks along Market. I jerked the wheel again and put the traffic jam behind me. Cindy was pale, but I just kept driving.
“A teenage girl was brought into Metro ER by passersby a couple of nights ago,” I told Cindy. “That’s off the record.”
“Okay.”
“Okay? Seriously.”
“Yes, Lindsay. O. Kay. It’s off the record.”
I nodded, took a hard right, and turned onto Mission on two wheels, flying past Yerba Buena Gardens on my left. You almost had to get promises from Cindy in writing. She’s honest, but what can I say? She’s a reporter. And we weren’t ready to churn the waters with a kidnapped baby story.
I still didn’t know what we had. Was Avis Richardson a victim of multiple savage crimes? Or had she killed her own child? I kept my foot on the gas as if that would actually bring the Richardson baby home.
“This teenager had recently given birth,” I went on, taking the car through the heart of the Hispanic area of town. We passed check-cashing holes-in-the-wall and cheap souvenir vendors selling T-shirts out of the old 1920s theaters under their cracked and faded marquees.
I turned right onto 26th, still talking. “But the thing is, Cindy, no baby was found. The girl didn’t remember the delivery, and now that the shock is wearing off and she might be able to talk to us, she won’t do it.”
“Why the hell not?”
“I swear I don’t know.”
Cindy made me promise to tell her whatever I could, whenever I could, on the record. I nodded yes as I turned left
on Valencia and parked my old heap in front of the hospital.
Chapter 17
CINDY AND I entered the crowded lobby of Metropolitan Hospital and found Cindy’s friend, Joyce Miller, waiting for us at the main desk. She was a dark-haired woman, maybe thirty-five, wearing a nurse’s uniform.
She pumped my hand with both of hers.
“Thanks for coming, Lindsay. Thanks so much.”
We followed Joyce down a number of branching linoleum-tiled corridors, around corners, and then through the ER, an obstacle course of gurneys and wheelchairs, before we came to a partitioned stall where we met Anne Bennett, a possible rape victim.
Ms. Bennett was a travel agent in her early forties. She looked as fatigued as if she’d been running on a treadmill for the past eight hours.
Her voice quavered as she said that she remembered taking a cab to her office this morning but she woke up behind a Dumpster in an alley a block from her house.
“I don’t remember a damned thing,” Ms. Bennett told me. “My blouse had been buttoned wrong. My pantyhose were gone, but I was still wearing my black pumps with the gold buckles. My handbag was on my chest and my phone and my wallet were still in it. Forty-four bucks. Just what I’d had.”
“And you remember nothing of the ten hours between leaving for work and waking up?”
“It was as if someone had turned off my lights,” Anne Bennett said, looking up at me with bloodshot eyes.
“The doctor said it appeared I’d suffered sexual trauma. The last time I had sex with my boyfriend was four days ago. And there was nothing traumatic about it. We’ve been together so long, it’s no-drama sex, and that’s just the way I like it.”
Anne Bennett was telling the story straight and clearly, but panic flashed in her eyes. It was like she was searching her memory — and finding nothing there.