“I was able to talk to, in person, both of Bernie’s children, Larry and Joni.”
“And?” Walter asked.
“I don’t think his daughter had anything to do with it, and here’s why.” She told them about Joni’s relationship with her father and how sad she was that she and Bernie had never reconciled prior to his death.
“Liz, I agree with your thoughts based on what you just told us, so that leaves her brother, Larry,” Roger said.
“Yes, and there’s one other person I think needs to be looked into and that’s Joni’s husband, Rocco Toscano. Sean, would you please tell the group what you told me about him?”
Sean relayed the information that Rocco was a go-to person for the Luchese crime family. He told them how Rocco had been charged with different crimes a number of times, but a good Mafia lawyer had always been able to get him off, and for that reason, he’d never been convicted of a crime.
“Sean concluded his presentation by saying, “hate to use this trite expression since the guy’s never done time, but if it walks like a duck and it talks like a duck, it probably is a duck. At least that’s my thinking. In other words, I’d be willing to bet everything I have that the guy’s dirty.”
“Tomorrow you might want to do a little more research,” Liz said. “I know there were a couple of domestic abuse issues, but Joni refused to press charges. I think those are probably valid as well, because she had a nasty bruise on her neck. I talked to her about domestic abuse and how we could help her, but she wasn’t having any of it. Like so many women, the known is a little easier to accept than the scary unknown. I think Rocco needs to be looked at very closely. I don’t need to remind you that the people he works for have the means to commit murder. Maybe Rocco got one of them to kill Bernie.”
Roger turned to Sean and said, “Make that a priority tomorrow morning. That’s an angle I haven’t really considered.”
Michelle reached for her purse and took out her ringing cell phone. “Excuse me, this is Dr. Throckmorton. I called him earlier and asked for a prescription. I’ll be back in a minute.” She walked towards the door and as she entered the hallway they heard her say, “This is Michelle D’Amato, Doctor.”
CHAPTER 25
Almost as soon as Michelle left the room, the phone on Walter’s large teak desk rang. Since he’d told his secretary to leave when all of the people for the meeting had arrived, she wasn’t around to take his calls.
“Excuse me,” he said. “Cheryl’s gone for the evening, so I better take this call.” A moment later they heard him say, “This is Walter Highsmith.”
He was quiet as he listened to the voice on the other end of the phone and then he said, “Thank you, Detective. I’m in a meeting right now with her attorney, and I’ll pass this information on to him.”
He hung up the phone and turned to Roger. “That was Detective Latham. Unfortunately, he called to tell me that he’s planning on interviewing Michelle tomorrow. The coroner has determined that uncommonly large amounts of the poison known as propofol, were found in Bernie’s body. Are you familiar with the drug? I’m not.”
“Nor am I. Sean, there’s some more research. Find out who has access to it, what it’s used for, and how it’s administered. That’s a priority right up there with Rocco.’
“Got it, Boss.”
Just then the door opened and a very shaken Michelle walked into the room, her eyes brimming with tears. Walter hurried over to her and led her to the couch. “Michelle, what is it? Are you all right?” he asked.
She was quiet for several moments, tears coursing down her cheeks. Even in her obvious pain, she was still beautiful. Liz thought she had to be the only woman she’d ever known who could cry and still look like she was ready for a photo shoot.
Finally, she began to speak, “I don’t know what’s happening. That was Dr. Throckmorton on the phone. He wanted to tell me he’d called in a prescription to my pharmacy for me.” She paused and took a tissue from her purse.
“I’m sorry, Michelle, but somehow I’m missing the connection between you crying and the doctor saying he’d called in a prescription for you,” Roger said.
“That’s not why I’m crying. It was what he said after that,” she said as she wiped the tears from her eyes. “He said I hadn’t mentioned anything about the $500,000 I owed him. I told him I didn’t know what he was talking about.”
“He said you owed him $500,000?” Roger asked incredulously.
“Yes. Then he told me it was very clear in the papers I’d signed right before I’d undergone the artificial insemination process.” She started to cry again.
“Michelle, did you sign papers before you underwent the procedure?” Walter asked.
“I don’t think I did, but I don’t remember much about that day. Quite frankly, I was so excited and intent on the procedure, I didn’t pay much attention to anything else.”
“Well, it’s things like that that keep a lot of us lawyers in business,” Walter said drily. “When you indicated you didn’t know what he was talking about, what did he say?”
“He said he needed to see me so we could talk about it. I have an appointment to see him tomorrow at 5:00 in the evening. He said the only reason I was pregnant was because he was able to convince Bernie to donate his sperm, and once the babies were born, according to the document I’d signed, I owed him big time, to the tune of $500,000. He said my babies were going to be very wealthy, because according to a recent law that had been passed, they were entitled to their share of Bernie’s estate. He said I could easily afford to pay him the money I’d agreed to when I signed the papers in his office.”
The men exchanged looks, and it was Sean who spoke up first. “Michelle, what did you say your doctor’s name was? I’d like to do a quick search and see what I can find out about him before we finish up this meeting. Roger, if I’m not back when you’re ready to wind things up, give me a call. I should be able to find something out,” Sean said, as he hurried out the door.
“All right, Michelle, let’s put that on the back burner until Sean returns. Liz, you still have one more person you met with. I believe that’s Larry Spitzer. What did you find out about him?” Roger asked.
“He was just leaving his apartment when I got there, and I followed him. He went into a local neighborhood bar, and when I saw that there was a patio area, I took Winston in with me, hoping they’d allow dogs on the patio.” She smiled at Roger and said, “See, I told you I was being safe.”
She continued. “In my opinion, I think Larry should still be considered a suspect. He told me he was going to be coming into a lot of money pretty soon.” She stopped talking and turned to Walter.
“Walter, I really would prefer it if Michelle didn’t hear what he had to say. I don’t think she needs this right now.” She faced Michelle and said, “You’re not in any danger, but I’m a big believer in limiting the negative things a mother-to-be hears when she’s pregnant. Why don’t you step outside for a minute? I know words are just that, nothing but words, but no use hearing words that might not be pleasant. Will you do me a favor and humor me?”
Michelle looked at Walter who nodded in agreement, and then stepped into the hallway, closing the door behind her.
Liz resumed speaking. “Larry said he was sure Michelle was the murderer, and that the pressure of her being under investigation and probably found guilty of murder would be enough to cause her to lose the babies. He also said when he gets his inheritance he plans on buying the most expensive breed of dog on the market, an Argentine Mastiff, and living in a penthouse. I have no idea if he’s the murderer, but I wonder if he and Joni’s husband, Rocco, could have planned it, because Larry and Joni were the heirs. Little did they know there would soon be two additional heirs.”
Everyone sat quietly for a moment then Roger said, “Liz, did you get a sense of Larry’s mental or emotional condition? When Sean sent me the information he’d found on everyone, there was quite a bit about Larry’s drug and
alcohol problems, and as I recall, he’d even been arrested. Did you see any evidence of that?”
“Not anything to do with drugs, but yes, alcohol, that very well could be. When I got to the patio area of the bar, the barmaid had already brought him a beer. She obviously knew what kind he drank. He bought the beer I ordered and told the barmaid to put it on his tab. Both of those things tell me he frequents the bar. He also said he had an ironclad alibi for the night Bernie was murdered. He said he was with a bunch of men at a meeting. When he left he said he had to meet his sponsor, then he put a handful of breath mints in his mouth. I don’t know if he was going to AA meetings or what, but it sure sounded like it to me.”
“I’ll have Sean see if he’s under a court mandate to attend meetings. I know from Sean’s information that he’s been arrested several times for being intoxicated in public, so it might have something to do with that. As far as his and Rocco’s relationship, that’s something else I’ll ask Sean to check on in the morning.”
“Is there anything else you found relevant about Larry?” Walter asked.
“No. That’s about it. Even if he didn’t do it, I wonder if he and Rocco were somehow in it together.”
“Can I tell Michelle she can come back in now?” Walter asked. “I hate for her to be out there wondering what’s being said about her.”
“Yes, you’re absolutely right, Walter. The last thing she needs right now is anything else to worry about,” Roger said
He opened the door and told Michelle to come back in, and at the same time saw Sean hurrying down the hall towards Walter’s office with a grim look on his face.
CHAPTER 26
Michelle walked into the room, followed by Sean, and they both sat down. Sean had several sheets of paper in his hand.
“Michelle we’re finished with the conversations Liz had with three of the suspects, and now I’d like to see if Sean was able to find out anything about Dr. Throckmorton,” Walter said. They all turned and looked at Sean.
“I found out quite a bit, and Michelle, if I were your attorney, and I’m not, I’d advise you to get a new doctor right away. This one has a lot of baggage, and he looks really dirty to me.”
“Sean, I’m not sure I’ve ever heard you refer to anyone in such strong words or with that tone of voice. What have you found out?” Roger asked, looking over at Michelle, who had an ashen look on her face.
Walter had been watching her as well. He poured a glass of water from the carafe on the table in front of them and handed it to her. “I don’t know much about pregnancy, but it might be a good idea if you took a deep breath and drank this. Based on the way Sean looks right now, you might need it.”
“First of all, Dr. Throckmorton is deeply in debt. I mean really deeply in debt, to the tune of almost losing his multi-million-dollar house in Richmond. The bank has come very close to foreclosing on it several times. He’s been married numerous times and his present wife was a wannabe starlet in Mexico. He met her on the beach and brought her to the United States as his wife ten days later. I found a photo of her, and she’s a knockout, but according to the records I saw, she could singlehandedly win the grand prize for being the queen of charge cards.”
“Sean, I think I remember seeing a picture of her on the doctor’s desk, and I have to agree with you,” Michelle said. “She really is a beauty.”
“Not only a beauty, a much younger beauty with very expensive tastes. Word has it that the doctor is concerned she’ll find someone younger and leave him. Dr. Throckmorton is about twenty-five years older than she is.”
“What about the fertility clinic he runs? I agree that having big debts could lead him to develop a scheme to have unsuspecting patients sign papers essentially giving him $500,000 for babies to be successfully conceived and born, but that means to me that the fertility clinic is at the crux of this,” Roger said.
“You’re right, and that’s where he’s dirty, or at least allegedly dirty. He runs a fertility clinic, as we know, and in addition, a sperm bank which freezes the sperm of men who wish for a woman to bear their child at a later date. It’s become a pretty ‘big’ thing in the last few years, because many of the military servicemen who go to war are afraid they will suffer injuries that will leave them unable to have children. Using a sperm bank allows them to have children if they suffer such injuries or are even killed in action. Naturally, Dr. Throckmorton charges a hefty price for this service.”
“I believe it became popular after a recent law in California was passed that provides when a child is conceived using the sperm of a man that is already deceased, then that child is entitled to receive an inheritance from the deceased father’s estate. The intent of the law was to help the widows of servicemen who died serving their country, but like to many laws, it has had some unintended consequences which have led to abuses by individuals such as Dr. Throckmorton.”
“Wait a minute, Sean. That law is the reason Bernie’s soon to be born children will be able to inherit part of his estate,” Michelle said.
“I realize that, Michelle, and I’m not downplaying how important it can be to someone like you who wanted to have a man’s child or children for the right reasons. What I’m saying is that when a law such as this one exists, the darker side of human nature comes out, and it can be abused. I believe that’s what’s happened here.”
“Sean, please continue,” Roger said. “I haven’t heard anything yet that leads me to believe Dr. Throckmorton could have something to do with Bernie’s death other than the fact that he was the intermediary for Michelle becoming pregnant.”
“Just listen to me, Roger. Although he’s called ‘Dr. T’ by his adoring patients, and there are many of them, the California Department of Health Care Services has a different view of him. They’ve investigated him several times for improper practices and fraud. Several women have filed complaints with the Department, alleging that Dr. Throckmorton made them sign papers indicating they were to pay him large sums of money upon the successful birth of a child. Although they filed complaints, in every instance they withdrew their complaints after they gave birth. I couldn’t find out whether they were paid off or just so happy they had a child that they decided to let it go.”
Roger’s face was stony. “Sean, were you able to find out how much money the doctor requested they pay him?”
“I was in a hurry, so I only examined a couple of complaints filed with the Department. They were five figure sums. Not huge, but substantial enough that someone would have to be a person of means to pay him.”
“Sean, do you know if his practice caters to wealthy women?” Walter asked.
“I tried to follow up on that angle, Walter, but none of my information gave me demographics regarding the income levels of his patients. I’ll see what I can find out tomorrow regarding the answer to that question.”
Michelle spoke up. “I might be able to help. Obviously, I’ve been in his office a number of times, and each time the waiting room has been filled with women and occasionally their husbands or a man was with them. Almost all of them were expensively dressed and wearing what I considered to be high priced jewelry. From what I observed, I would have to say his practice is definitely made up of wealthy women who could well afford to pay what he asked.”
The five of them were quiet for several minutes, trying to determine if there was a nexus between Dr. Throckmorton and Bernie Spitzer’s murder. Walter was the first to speak.
“Roger, I know that criminal defense is your area, not mine. I do family law and estate issues, but I’m having some real problems with this. I’m spinning out a fantasy in my mind that this doctor got Michelle to sign some papers, or possibly even forged her signature, and now expects her to pay him $500,000 when the twins are born. I am really, really uncomfortable about her going to his office alone tomorrow. I know this is a huge stretch, but what if he’s the murderer? What if he murdered Bernie so he could get his hands on $500,000?” Walter asked.
Again, the room was
very quiet as each one of them thought about the implications of Walter’s statements.
“I hate to be an alarmist, but I found out a few other things that are causing me some concern, and I’m sure all of you will feel the same way when you hear it,” Sean said.
“Sean, for Pete’s sake, don’t leave us hanging. Out with it.” Walter said.
“Okay, here goes. You know it was determined that Bernie’s death was caused by the drug Propofol. Well, he was in pretty good company, because it’s also the same drug that caused Michael Jackson’s death. Although Jackson’s death was accidental, the doctor who administered a deadly overdose of Propofol to him was subsequently convicted of murder, in the form of involuntary manslaughter. So, this drug is not only dangerous, but obviously, it can kill.”
“That’s where I’ve heard the name. I’ve been racking my brain ever since I got the call from Detective Latham. I was going to do some research on it later,” Walter said.
“I’ll save you the time,” Sean said. “This is a drug that’s used primarily by anesthesiologists as a sedative, but obviously in large quantities it can cause death, just as it did to Michael Jackson. It’s also used for migraines and in many surgical procedures requiring some minor sedation. I would bet my next pay check that Dr. Throckmorton has a supply of it in his office.”
“Sean, in a roundabout way, are you implying that Dr. Throckmorton murdered Bernie?” Michelle asked incredulously.
“I’m not a lawyer or a judge, Michelle. I simply do the research and let other people make determinations.” He looked first at Walter and then at Roger, then he spoke directly to Michelle, “Although I’m not an attorney, if I were, I’d make sure you had someone with you when you meet with Dr. Throckmorton tomorrow evening.”
CHAPTER 27
“All right, I’ve heard enough,” Walter said. “I’m calling Detective Latham and telling him what we’ve found out. This is his case and like Sean said, if Michelle is going to go to that meeting tomorrow evening, I want to make darn sure she’s protected. Roger, I know she’s your client in this aspect of the case, so I better ask your permission to call him. And quite frankly, asking you is just a courtesy on my part.” He turned towards Michelle. “Michelle, I promise you that if you keep that meeting tomorrow evening, you will be protected one way or another at all times. Nothing is going to happen to you or your babies.”
Murder in San Francisco Page 11
