The Third Victim

by Phillip Margolin

  Mordessa shook her head from side to side. Prater hit her in the solar plexus again.

  “That’s for lying, cunt.”

  Mordessa spasmed as she strained for air. Prater waited patiently until she caught her breath. Then he pulled a thick envelope out of his back pocket.

  “Now listen up. There’s a thousand dollars in this envelope and a bus ticket to New York City. I really don’t give a fuck what you do when you get there, but you’re gonna go or you’re gonna die. Got that?”

  Mordessa was paralyzed with fright. When she didn’t nod, Prater squeezed her nostrils until she almost blacked out.

  “I want an answer, bitch,” he said when he let her breathe again. “Are you gonna run today?”

  Mordessa nodded.

  Prater patted her cheeks. “Good girl. Now here’s the deal. You go away and stay away. I don’t care where. You can peddle your ass on the East Coast as well as you can here. But you don’t tell anyone where you are. In fact, you never call anyone in Oregon ever again. If you talk to the DA, I’ll know and you’ll die, but it won’t be quick. You’ll suffer for a long, long time and you’ll beg for death by the time I’m through with you. Do you understand?”

  Mordessa nodded vigorously.

  “Okay. I’m gonna let you up. You’re gonna pack and go to the bus station. If you don’t get on the bus to New York, you’re dead.”

  CHAPTER TWENTY-FOUR

  When Robin walked into her office, she found a pile of new police reports in the Prater case sitting on her desk. She nibbled her scone and sipped her latte while she scanned them. When she was halfway through one of the reports she paused, her scone inches from her lips, and reread a paragraph. She put the scone down and raced through the other documents in the pile. Then, before walking down the hall to Regina Barrister’s office, she reread the report that had gotten her attention.

  “Did you go through the new discovery we got in Prater?” Robin asked as she waved the police report.

  Regina dipped her chin toward a several police reports that were stacked on her desk.

  “Do you mean these?” she asked.

  “Yes.”

  “Why do you ask?” Regina said.

  “Did anything strike you as interesting in the report of the interview with Mordessa Carpenter?”

  Regina hesitated. Then she smiled. “Why don’t you tell me what’s got you excited and we’ll see if it’s the same thing I saw.”

  Robin was certain Regina was bluffing, but instead of challenging her boss, she handed Regina a copy of the interview Carrie Anders had conducted with Mordessa Carpenter. She put her finger on the paragraph that had caught her attention.

  “Carpenter may have been the last person to see Tonya Benson before she was abducted. And she may have seen the person who kidnapped and killed her.”

  Regina read the paragraph Robin had pointed out. “But this says the driver was a woman,” Regina said.

  Robin had to work hard to keep from showing surprise when she realized that her boss didn’t get it.

  “Mr. Mason thinks his wife is setting him up. Allison Mason could have been the woman in the car who picked up Tonya Benson.”

  “Meredith Fenner says a man abducted her.”

  “If Allison Mason did set up her husband, she had to have had a male accomplice. Allison could have helped abduct Benson while Alex was tied up at home, and the male could have abducted Fenner.”

  Regina thought for a moment. “I think you should interview Carpenter and show her a photo of Allison,” she said.

  “My thought exactly.”

  “Take Jeff with you.”

  “Will do,” Robin said.

  As soon as she closed the door to Regina’s office, Robin walked down the hall and knocked on Jeff Hodges’s doorjamb. The investigator looked up from his computer.

  “What’s up?” he asked.

  “We need to interview a witness,” Robin said as she handed Hodges the report of the Carpenter interview.

  “Interesting,” he said when he was finished. “Give me half an hour to finish this and we can head out.”

  * * *

  Regina had kept her features bland when Robin asked her if she’d read the new reports in Arnold Prater’s case, but she’d felt sick. She had read through the discovery, but she had no idea who Mordessa Carpenter was or what Robin had been getting at until Robin spelled out her theory.

  Regina stood up and walked to her window. Everything outside was so beautiful: the river, the lush green foothills, the snowcapped mountains. But inside her were gray swirling clouds. What was happening to her? Regina’s chin dropped and she turned away from the view. A mug of coffee was sitting on her desk. When she reached for it, her hand trembled.

  CHAPTER TWENTY-FIVE

  “She ain’t in,” said a voice from a doorway across the hall.

  Robin stopped knocking on Mordessa’s door and turned around, to find a heavyset African-American woman in a housedress sizing up her and Jeff.

  “Do you know when Miss Carpenter is coming back?” Robin asked.

  “My guess is never. She was toting two suitcases and hustling down the stairs last time I saw her. The landlord been up complaining about rent past due. I think she skipped.”

  While Robin and the neighbor were talking, Jeff opened the door. “It’s not locked,” he told Robin.

  “You can’t go in there,” the neighbor said.

  “We’re just going to peek inside to see if Miss Carpenter is really gone. You can come with us to make sure we don’t take anything.”

  The woman thought for a minute. “Ain’t none of my business,” she said, and went inside her apartment.

  One look around convinced Robin and Jeff that Carpenter was not coming back. Drawers and closets were open and empty in the bedroom, trash was sitting in the can under the sink, and the milk in the refrigerator smelled sour.

  “It’s a big break for our client if Mordessa’s disappeared,” Jeff said. “Jackson Wright’s claiming that Poe told him that the feud between Prater and Poe started when Prater beat up Mordessa. With Carpenter gone, there’s no way to corroborate Jackson’s hearsay.”

  “Do you think the police will find her?”

  Jeff shrugged. “That’s not our problem. Let’s go back and tell the boss the news.”

  On the way to the car, Robin thought about the Sorceress.

  “How long have you been working for Regina?” she asked as soon as they pulled away from the curb.

  “A little over three years.”

  “So you know her pretty well?”

  “Yeah, why?”

  Robin hesitated. Then she took the plunge. “Have you noticed anything strange about her behavior recently?”

  Jeff’s brow furrowed. “Strange like how?”

  “I don’t know,” she said, starting to feel silly. “Last week she had to have me help her with the copier because she couldn’t remember her code.”

  Jeff laughed. “It took me two days to figure out how to run that damn machine.”

  “Yeah, but there have been times that I’ve asked her about stuff she should know and I’ve had the distinct impression she had no idea what I was talking about.”

  “Like when?”

  “Okay, I’ll give you an example. Arnold Prater came in right after Miles Poe sued him. He wanted Regina to represent him in the civil suit and he showed her the complaint. She read it. They discussed it. But when he came in about his criminal case, she had to ask him to explain why he’d been sued. It was like she didn’t remember anything about the first meeting.”

  Jeff shrugged. “Regina can be absentminded at times, but if there’s one thing you can be sure of, it’s that Regina Barrister’s brain is working on more cylinders than any other attorney’s in this state.”

  * * *

  If Robin had doubts about how sharp Regina was, they disappeared as soon as she saw her boss’s reaction after hearing that Mordessa Carpenter had disappeared.

 
; “Well, well,” she said as her lips spread into a big grin. “This couldn’t happen at a better time. Arnold Prater just called. He’s been arrested on a murder charge. I’m going to set a date for an expedited bail hearing. I think we can blow the state’s case out of the water if we act quickly.”

  CHAPTER TWENTY-SIX

  As she fought her way past the pickets parading in front of the courthouse, Robin felt a surge of adrenaline like the rush she used to feel when she entered the Octagon. The protesters were carrying placards that read JUSTICE FOR MILES and STOP KILLER COPS and they were chanting like the crowds in the arenas where Robin had fought. When the protesters spotted Regina, the decibel level increased and a protester tried to hit Regina with her placard. Jeff knocked the protester back and Regina hurried inside.

  When they got off the elevator on the fifth floor, Robin shielded her eyes from the bright lights of the TV cameras and followed Jeff and her boss to the courtroom where Arnold Prater’s bail hearing was going to be held.

  “Why did you demand an immediate bail hearing?” one reporter asked.

  “Because Officer Prater, a decorated member of the Portland Police Bureau, is innocent of these charges, which have been brought for purely political reasons.”

  “Why do you say that politics is behind the murder charge?” another reporter shouted.

  “The mayor is beholding to Reverend Jones for delivering the African-American vote in the last election. These charges are a blatant attempt to appease and court black voters. If you were at my motion for a bail hearing in this case, you saw the district attorney object to a speedy bail hearing even though he knows that any policeman in any jail in this country is in great danger. The mayor and the district attorney don’t want the flimsy nature of this case exposed to public scrutiny. And now, ladies and gentlemen, I’ve got to get to work.”

  Robin followed her boss down the aisle and through the gate that separated the spectator section from the area where counsel sat. Jeff took one of the few unoccupied seats in the spectator section. Moments after Regina settled in at the defense counsel’s table, the guards brought her client out of the holding area. Regina had arranged for Prater to wear a suit to the bail hearing, and he looked professional.

  “Are you going to get me out?” Prater asked. Robin could see that he was very worried.

  “We’ve got a shot,” Regina said. “Let’s see how it goes.”

  The bailiff rapped his gavel and the Honorable Albert Stein walked out of his chambers and took his seat on the bench. Stein was a middle-aged former prosecutor who had been a circuit court judge for several years. His round, pleasant face contrasted with his sharp, no-nonsense temperament.

  “The State calls Detective Carrie Anders,” Kyle Bergland said as soon as both sides told the judge they were ready to proceed.

  Regina stood as Carrie walked to the witness stand to take the oath.

  “We’re familiar with Detective Anders and I believe she has appeared before Your Honor.”

  “Several times, counselor.”

  “For purposes of this hearing, Officer Prater will not require the State to establish her expertise or that she is the lead detective in this case,” Regina said.

  “Mr. Bergland?” the judge asked.

  “I appreciate the courtesy,” Bergland replied.

  “Very well,” Judge Stein said.

  “Detective Anders, can you please summarize the case against Arnold Prater for Judge Stein?”

  Anders turned to the judge. “I’ll do this chronologically, Your Honor. The defendant is a Portland Police officer. Our witnesses will testify that the victim, Miles Poe, was a pimp and drug dealer. Mr. Poe was bribing Officer Prater with cash and sex with his prostitutes so that the defendant would let him run his criminal enterprises.”

  “Question in aid of objection, Your Honor,” Regina said.

  “Go ahead, Miss Barrister,” the judge said.

  “Detective Anders, are the witnesses you are referring to Jackson Wright and Mordessa Carpenter?” Regina asked.

  “Yes.”

  “Has Mr. Wright been convicted for various crimes?”

  “Yes.”

  “And Miss Carpenter?”

  “Yes.”

  “With regards to Mr. Wright, will he testify that he saw Mr. Poe pay off Officer Prater with cash or sex?”

  “No.”

  “So this is something he will say he learned from Miles Poe?”

  “Yes.”

  “Your Honor, this testimony would not be admissible at trial because it is hearsay. So I object to your considering it when you are deciding whether the State has met the criteria for denying bail.”

  “Mr. Bergland?” the judge said.

  “We believe it is admissible as a statement against Mr. Poe’s penal interest. He was admitting that he was committing a criminal act, bribery.”

  “To a fellow criminal who, the evidence will show, is a pimp and drug dealer with convictions that would call into question his truthfulness,” Regina argued. “I don’t believe the penal interest hearsay exception would apply in this instance. Mr. Wright is not someone in law enforcement who could use Mr. Poe’s alleged statements to prosecute Mr. Poe.”

  “What about the other witness, this Carpenter woman?” the judge asked.

  “Miss Carpenter would testify that she had sex with the defendant as a payoff for the defendant not arresting Miles Poe for promoting prostitution.”

  “Miss Barrister?” the judge asked.

  “May I ask another question in aid of objection, judge?”

  “Go ahead.”

  “My investigator tried to interview Miss Carpenter and he learned that she is not at the address you gave me in discovery. That apartment is vacant and the drawers and closets have been emptied. A neighbor told Mr. Hodges that she saw Miss Carpenter leaving the apartment house with suitcases.”

  Anders mouth opened in surprise for a moment. Then she clamped it shut, and Regina suppressed a smile of satisfaction.

  “Do you know where Miss Carpenter is living or how to get in touch with her at this moment?” Regina asked.

  Anders looked at Bergland.

  “Do you know, Mr. Bergland?” the judge asked.

  “I … we…” the DA began. “This is news to me.”

  “Detective?” Judge Stein asked.

  “Me, too. I spoke to Miss Carpenter in person a few days ago at her apartment.”

  “Well, it seems she’s no longer there,” Regina said. “Can you assure the Court you can find her?”

  “No. I mean, we’ll have to investigate,” Bergland said.

  “Then I object to any testimony about what Miss Carpenter might say, since it appears she has run away,” Regina said. “That indicates that she is unwilling to testify. I also object to the Court considering anything she may have told the police, because her criminal convictions call her veracity into question.”

  Bergland looked furious. “If Miss Carpenter has fled, it’s probably because she’s afraid of the defendant,” he said.

  “Or because she doesn’t want to commit perjury,” Regina shot back.

  “Enough,” Judge Stein said. “Sit down, both of you. I’m going to hear what Detective Anders thinks Wright and Carpenter will say; then I’ll decide what weight to give it in light of the circumstances.”

  “Very well, Your Honor,” Regina said.

  “Please continue with your testimony,” the judge told Carrie Anders.

  “Miss Carpenter would testify that Mr. Poe told her to have sex with the defendant at a motel as a payoff for not interfering with his criminal activities. She would testify that she was afraid of the defendant because she’d been told that he liked to beat up women. When she was alone with the defendant, he handcuffed her to a bed and began to beat her and burn her with a cigarette.”

  Robin frowned as Carrie Anders described how Arnold Prater had tortured Carpenter. She’d read the report of the interview with Mordessa Carpenter, but she�
�d been focused on what Carpenter had said about Tonya Benson and had not paid attention to the manner in which Prater had abused Carpenter.

  “When Miss Carpenter screamed,” Anders continued, “Mr. Poe came into the motel room holding a gun and ordered the defendant to stop beating her. After some resistance, the defendant stopped beating Miss Carpenter and left, but not before telling Mr. Poe that he would regret saving Miss Carpenter.

  “I talked with Elliot Nesbitt, Mr. Poe’s attorney. He would testify that Mr. Poe sued the defendant for several million dollars shortly after the incident with Miss Carpenter. Mr. Poe claimed that the defendant and several other Portland police officers were engaged in a conspiracy to harass him by giving him traffic tickets almost every day and arresting women who worked at his pool hall for no legitimate reason.”

  Bergland rose. “I’d offer State’s exhibit two, the complaint filed by Mr. Poe.”

  “For purposes of this hearing, I have no objection,” Regina said.

  “Very well,” Judge Stein said. “The exhibit will be accepted. Go ahead, Detective.”

  “Jackson Wright told me that he and Mr. Poe were outside a warehouse in Portland when the defendant threatened them with a gun. Mr. Wright and Mr. Poe ran into the warehouse. Mr. Wright hid and saw the defendant shoot Mr. Poe in the back. Then the defendant forced Mr. Poe onto his stomach and shot him in the back of the head. The medical examiner will testify that the shot in the head was the cause of death. Ballistics tests have identified the defendant’s gun, which was found next to the victim, as the murder weapon.”

  “That’s our offer of proof, Your Honor,” Kyle Bergland said.

  “Any cross, Miss Barrister?

  “Yes, Your Honor.”

  Robin had heard that Regina was famous for conducting both her direct and cross-examination without notes and for being able to quote from cases from memory. In Officer Prater’s case, Regina had written out her questions and had gone over them with Robin.

  “When Officer Prater was interviewed by you about the incident at the warehouse, didn’t he tell you that he pulled his gun after seeing Mr. Poe hand Mr. Wright what Officer Prater believed to be a kilo of heroin?