Murder in San Francisco

by Dianne Harman

  “Michelle, this sounds like something out of a movie or a novel. Did you do that?”

  “Yes, evidently the courts have something in place for situations like this that require a fast court date, and Walter and I went to court ten days ago. Bernie’s children, through their attorney, strongly opposed the judge’s ruling when he granted me $10,000 a month, contingent on a DNA test, for the duration of my pregnancy.”

  “I’ve heard it can take months for one of those tests. How did Walter handle that?”

  “He told the judge we would pay a private DNA testing company to get the results to the court within 48 hours. The report was delivered to the judge, and Bernie was declared to be the baby’s father without a shadow of a doubt. Bernie’s children, as his heirs, became co-administrators of his estate and hired their own attorney. He had them cut a check for $10,000 and gave it to Walter.”

  “Who is the opposing attorney?” Liz asked. “I’ll have to ask Roger if he knows him.”

  “His name is Darren Michaels. Evidently, he’s with a large downtown law firm. I’m sure your husband has probably heard of him. Walter told me he has a good reputation.”

  “Michelle, let’s back up. I thought you said something about the baby being entitled to a share of Bernie’s estate. How is that possible?”

  “I only know what Walter told me. I guess some recent law went into effect that was designed to help women who became pregnant after their husband died in combat. The original intent of it was so the baby would be allowed to have the rights to armed services’ benefits and insurance. Walter told me that even though Bernie and I had nothing to do with the military, the law specified that a child conceived after the father died was entitled to inherit all or a portion of the estate as an heir-at-law of the deceased father. The new law isn’t limited to just military servicemen, but applies to everyone.”

  “Michelle, correct me if I’m wrong, but based on the little I know about Bernie Spitzer, that could be a huge amount. Is that right?”

  “Yes. Bernie’s estate is estimated to be worth around three hundred million dollars. Walter tells me after the baby’s born he’ll petition the probate court to have one-third of whatever the estate is valued at distributed to my baby. I guess it means my baby will be well taken care of financially. The other two-thirds of Bernie’s estate will go to his two adult children. They’re the neer-do-wells I told you about.”

  “That’s wonderful news. I’m so happy for you. It looks like everything has worked out for you. I guess I’m surprised you were crying when you called me.”

  “Well, the problem is, I haven’t told you everything, Liz. Before I called you, I’d just received a telephone call from Walter telling me that a police detective had gotten in touch with him regarding Bernie’s death. He said Bernie’s children had asked that the investigation concerning their father’s death be re-opened. Walter suspects it’s in retaliation for the $10,000 per month family allowance the judge allowed. They’re accusing me of murdering their father, my baby’s father,” she said as she sobbed.

  “That’s horrible, Michelle. Why would they do that? I mean, there’s plenty of money to go around.”

  “Not in their eyes. They want it all. Bernie told me his son had a drug problem and rehabs had been a revolving door in his life. He also said he was the ultimate sucker for any get-rich scheme that came along. I guess Bernie bailed him out a lot of times, and his daughter’s husband has Mafia ties. Bernie refused to even attend her wedding, and from the little he told me, their relationship hasn’t gotten any better over the years.”

  “What happens now?” Liz asked.

  “I have a meeting with Walter this afternoon. The final reason I called is that Walter thinks I should hire your husband to defend me, if it comes to that.”

  Liz was quiet for several moments, then she said, “When Roger called he said Walter had requested a meeting with him. He didn’t mention anything about you.”

  “That I don’t know, but as soon as I heard it was your husband he wanted me to hire, I thought of you. Liz, I know you said you cared for me, but I don’t think I can go through this alone. I’m scared I might lose Bernie’s baby because of the stress. I know I’m asking an awful lot, but could you attend the meeting today? And if I am charged with murder, can you help me? I know you’ve been involved in solving other murders. Please, Liz, I don’t have anyone else I can turn to.”

  Liz heard the sound of Michelle crying softly on the other end of the phone. She took a deep breath and said, “I don’t know what I can do, if anything, but yes, I’ll be there for you. I was planning on meeting Roger in his office following the meeting, but I’ll just attend the meeting instead. Where should I meet you?”

  “Let’s meet in the lobby at 4:30 this afternoon. We can go up to Walter’s office together and Liz, I can never thank you enough for this. Forgive me for asking for your help, but I have to do everything I can to make sure Bernie’s baby is protected in every way. I’ll see you this afternoon.” Michelle ended the call, the sound of her anguish staying with Liz for some time afterwards.

  Liz spent the next few hours getting ready for the evening meal at the lodge. She wrote notes out for Gina and did the prep work. The weather had turned cold, and she figured if she liked a warm soup on a cold day, the guests would as well. One of her favorites was a Swedish recipe a friend had given her for split pea soup with sausage, an unusual combination, but one that turned out to be delicious. She decided a Caesar salad and a loaf of warm bread would go well with it. For dessert she decided on warm baked apples with a scoop of ice cream on top.

  After she’d done everything she could to help Gina prepare the meal, she gave in to Winston’s big brown eyes, which seemed to be silently asking for some time with her in the form of a walk. “Okay, Winston, this is a good time. Let’s take a walk around the area and give you a little exercise. Roger and I will be gone tonight, but your favorite aunt, Bertha, insists that you and Brandy Boy stay with her, and I know how much you like that.”

  Since she was on her own property, and Winston obeyed every command she’d ever given him, there was no reason to put a leash on him. They walked out the door, stepped over Brandy Boy, who was in his usual position of being sound asleep on the porch, and spent the next hour simply enjoying the late fall afternoon.

  CHAPTER 13

  Promptly at 4:30, Liz saw Michelle walk through the front door of the law office building. “Michelle,” she said as she hugged her and then pushed her away to look at her, “I didn’t think it was possible, but if anything, you’re even more beautiful than you were when you came to the spa. Obviously, being pregnant agrees with you.” Michelle’s skin was radiant, her eyes bright despite a hint of redness which made Liz suspect that she’d been crying. Her hair had grown longer, so that it fell below her shoulders and was swept back in a loose knot.

  “Thank you, Liz. It’s so good to see you. I shouldn’t have waited so long to call you, but I’m so glad I finally did. I just didn’t want to worry you or be a burden.”

  “Sweetheart, I wish you had, but I’m here now, and whatever I can do to make this horrible situation better, I will. I’m not talking about the baby situation, I’m talking about the sibling situation. You do realize that the baby you’re carrying, whether it’s a boy or a girl, will be a half-sister or half-brother to Bernie’s other children.”

  “I do, but I’ve taken a vow that when Bernie looks down from above, he’ll always be proud of this child of his that I’m carrying.”

  “That’s a good attitude to take.” With that said, they got in the elevator, and Michelle punched the button for the twelfth floor. “How did the doctor’s visit go? Were you able to see the baby on the sonogram?”

  Michelle smiled secretively. “It was wonderful. I’ll wait to tell all three of you the good news.”

  “That’s a provocative statement, if I’ve ever heard one,” Liz said as they got off the elevator. They walked down the hall to Walter’s offic
e, and Michelle gave their names to the receptionist.

  “Mr. Hightower told me you should go directly to his office when you arrived, Ms. D’Amato. I believe you know where it is,” the receptionist said. “I’ll call him and let him know you’re here.”

  Michelle and Liz walked down the hall towards Walter’s office. Liz had been in the law firm’s offices several times, first when her late husband, Joe, had died and his attorney was probating his estate. She’d also met Roger several times at his office before they attended business functions or had dinner in San Francisco. Even though Liz loved Red Cedar, there was something about San Francisco’s energy, the cable cars, the museums, the restaurants, and everything else the city offered, that still sang a siren song to her. There were few businesses in Red Cedar that could afford or would even think to hang exquisite pieces of art on the walls of the hall like the ones the law firm had on display.

  When they entered Walter’s office, Liz immediately heard Roger say, “Liz, what are you doing here?”

  Liz smiled at her husband and said, “It’s a long story, and one that I think will be interesting.”

  A bear of a man with a healthy head of silver hair who looked like he could have been part of the famous San Francisco hippie movement and the Summer of Love, stepped from behind a large desk and said, “I’m sorry. I don’t think I’ve had the pleasure of meeting you, but judging from Roger’s greeting, you must be Liz, his wife. I’m Walter Highsmith.” He held out his hand and shook hers.

  “Walter,” Michelle said, “I took the liberty of asking Liz to join me. I knew you wouldn’t mind, and quite frankly, I need some moral support.”

  “Uhh, I kind of feel like the odd man out,” Roger said. “I have no clue why I’m here, who this woman is, and why my wife is here. Walter, you’re the one who asked me to meet with you. Want to throw me a lifeline?”

  “Ladies, please be seated,” Walter said indicating several club chairs surrounding a coffee table at the far end of the room next to expansive floor-to-ceiling windows that overlooked the city, San Francisco Bay, and the Golden Gate Bridge.

  “Roger, I’d like to introduce you to Michelle D’Amato. She was a guest at your wife’s spa, but evidently you didn’t have a chance to meet her. Michelle, this is Roger Langley, Liz’s husband.” The two of them shook hands. “Roger, I believe I told you that Bernie Spitzer died a few months ago.” Roger nodded. “There’s more to it than that.” Walter told him about Michelle’s pregnancy, the probate of Bernie’s estate, and the recent court appearance to obtain a family support order for Michelle’s unborn baby.”

  “Thanks for the background, Walter, but I still don’t know what any of that has to do with me.”

  “I’m getting there, Roger. I had a telephone call this morning from a police detective I’ve known for many years, Mitch Latham. When Michelle was questioned after she discovered Bernie’s body at his condominium, she told the police she wouldn’t answer any more questions without her attorney being present. She gave them my name because over the years I’d met her several times when she’d come to the office with Bernie.

  “Mitch wanted to alert me to the fact that Bernie’s children, Joni and Larry, had asked the police department to reopen the investigation file concerning their father’s death. They said they’d like the department to look at Michelle as a suspect, because now that she’s pregnant with Bernie’s child, she had a lot to gain by his death. The reason I wanted to meet with you and Michelle was so she could hire you in the event she’s charged with Bernie’s murder. According to law, the baby she’s carrying will inherit one-third of Bernie’s estate, and his children think that provides a very good motive for murdering their father. The detective thought the department might agree with them.”

  Michelle interrupted him. “Walter, I just found out today that I’m not carrying a baby, as you phrased it, my doctor has confirmed that I’m carrying twins. I’m not a math person, but it seems to me that the babies will inherit one-half of Bernie’s estate, rather than the one-third you mentioned. Am I right?”

  Liz, Walter, and Roger looked at her in stunned silence. Walter was the first to recover. “Michelle, Bernie’s estate is thought to be in the area of around three hundred million. That means the two babies will receive seventy-five million each, and what’s disturbing to me as an attorney, is that his present children will likewise share the other half, with each of them receiving seventy-five million. Because of your pregnancy, first with one child and now with two, you’ve essentially just cut each of their inheritances to one-fourth instead of one-half. When they find that out they’re going to go ballistic. We’re going to have to go back to court and request more family support. I can almost guarantee you that you will become a strong suspect if it’s determined Bernie was murdered. Roger, what do you think?”

  Roger was quiet for several moments, and then he began to speak. “I’ve never encountered a situation like this. I’m going to talk off the top of my head, but I’ll also need to do some research if you choose to hire me, Michelle.”

  “I do. Draw up the papers, and I’ll sign them. I want you to handle everything to clear my name,” Michelle instructed him. “Let me make this crystal clear. I loved Bernie more than anything in the world, and I had nothing to do with his death. Absolutely nothing.” She looked first at Roger and then at Walter. “Doesn’t the fact that the police and the coroner could find no signs of trauma on his body indicate that he died from natural causes? That’s what the coroner said when he came to Bernie’s condo on the night he died.”

  “This is my area, Walter, so let me respond,” Roger said. “Michelle, you are perfectly correct in that assumption, however, under certain circumstances a body may be exhumed and an autopsy performed when there is reason to believe there is justifiable cause for doing so. In this case, I don’t think his children will have a problem getting a judge to order that the body be exhumed and an autopsy conducted. What I would suggest is that we proceed under the assumption that you will be a suspect, and if the autopsy findings indicate murder, there is a good chance you will be charged with murder. I’m sorry, but I want to be honest with you.”

  “Michelle, Roger is just telling you the worst case scenario,” Liz said, noticing that Michelle had visibly paled as Roger was talking. “I think the best thing to do is have Roger and Walter ask you all the questions the police and/or anyone else will ask, and then be done with it. Since you’re hiring Roger, he can do all the talking for you from this time forward. You told me before that you need to have as little drama in your life as possible, or words to that effect. Let them take care of the forthcoming drama and finger pointing.”

  “I can’t believe any of this is happening,” Michelle said in a sad tone of voice. “It’s not fair for the happiest time of my life to be overshadowed by the threat of going to prison for a murder I didn’t commit. What will happen to my babies?’ Her voice cracked. “I don’t have anyone who can take care of them. I don’t want them to end up like me, in and out of different foster homes, and being abused. If I ever thought they would be subjected to that sort of life, I never would have gotten pregnant.”

  “Michelle, Roger has to do everything he can before any problems arise. That way he’ll be fully prepared to do whatever is necessary to make sure you come out of this as a free woman. You owe it to those babies to do your part. Yes, this is traumatic, and no one would suggest it isn’t, but it needs to be done. After this evening, we’ll do all the heavy lifting. The only thing that will probably be required by you is to answer a couple of questions in court regarding the increase in family allowance and whatever the detective will ask you. Keep in mind, I’ll be with you in court, and Roger will be with you if and when his role as a defense attorney is needed. Think you can do that?” Walter asked.

  “Yes,” she said in an almost inaudible voice, tears visible in the corners of her eyes. She gratefully accepted the glass of water Liz handed her.

  “Okay, I’d like to get
started with where you were and what you did on the day of Bernie’s death, and don’t leave anything out, no matter how inconsequential you think it might be,” Roger said, taking control.

  For the next two hours, Michelle answered all of Roger’s questions. Walter primarily listened, interjecting something once in a while. Liz noticed he seemed very concerned about his client. At one point he told everyone it was time to take a break. Liz and Roger walked into the hall and decided to go home when the meeting was over rather than spend the night in the city. Based on the events of the last couple of hours, neither one of them felt like having a good time in San Francisco.

  When they walked back into Walter’s office, Michelle was eating a sandwich and drinking a glass of milk. She looked up at them and said, “Can you believe it? When Walter knew I was coming into the office this afternoon, he had his secretary buy some milk and get a sandwich for me. He felt a mother-to-be should have something in her stomach. I mean, how thoughtful is that?” she asked, giving him one of her million-watt smiles.

  Very thoughtful, Liz thought. Amazingly thoughtful. She looked over at Walter who was grinning from ear to ear and then she looked down at his left hand. No ring was on it. Oh boy, bet I know who the stepfather of the twins is going to be. Wait until Roger hears this.

  Roger resumed his questioning and after another hour he said, “Michelle, I don’t have anything else to ask you. Would you like to ask me anything?”

  “No, and thank you for being so kind to me. I’m sure this wasn’t easy for you.” She turned to Liz and said, “Liz, I have a favor to ask of you, and it’s a pretty big one.”

  “Of course, Michelle, I’d be happy to do whatever I can for you.”