Walter walked over to his desk and picked up the phone. A few minutes later, they heard him say, “Detective Latham, this is Walter Highsmith, regarding the Bernie Spitzer case. I have some information that is extremely relevant to the case. In fact, I might be able to give you the name of the murderer. I know it’s late, but could you come to my office right now? I’m in a meeting with some people who have shared some important information about the case with me.”
He was quiet as he listened to the detective. “Yes, I understand. We’ll be here. Do you need the address of my law office?” He listened again and said, “Fine. We’ll be waiting for you. Thank you.” He turned and said, “Let’s take a break. He’s on his way, but he said with rush hour traffic, it might take a little while for him to get here. The police department isn’t that far away, so I think he’ll be here in about thirty minutes or so. I have some soft drinks and fruit in the refrigerator in the back room. Help yourself.”
Walter’s estimate had been absolutely right. Thirty minutes later the detective knocked on the door and then opened it. Walter knew Detective Latham, and he introduced him to the others, although he had met Michelle briefly the night Bernie died. He pulled a chair over for the detective.
“Mitch, this might take a little while. First of all, I’d like Liz to give you a recap of her conversations with Bernie’s two adult children as well as Jim Brown, the man who founded Spitzer Electronics with Bernie many years ago. I know all of these people are on your list of suspects, as well as Michelle here. Based on what you’re about hear this evening, I think you’ll agree that she should no longer be considered a suspect.”
“You’ve certainly whetted my curiosity, Walter. Mrs. Langley, I’d very much like to hear what you’ve found out.”
Liz spent the next twenty minutes giving an abbreviated version of her conversations with Larry, Joni, and Jim Brown to Detective Latham. When she was finished, Walter said, “Mitch, there’s more. Sean is a private investigator who has worked for our firm for many years. He’s done some research, actually it’s pretty quick research, since we didn’t give him much time, on a Dr. Jerome Throckmorton. I don’t know if you’ve run across his name.”
“No. That’s a completely new name to me. Are you telling me that he should be considered as a suspect in the Spitzer murder?”
“I’ll let you decide. First I’d like Michelle to tell you about a telephone conversation she had with the doctor earlier this evening.” He nodded towards Michelle. “Michelle, please tell the doctor what you told us about the prescription, the $500,000 the doctor said you will owe him when the twins are born, and the meeting he’s requesting for tomorrow evening.”
“The doctor said you’d owe him $500,000 when the twins are born? That’s a lot of money,” the detective said. “Whatever for?”
Michelle related the conversation she’d had with Dr. Throckmorton earlier that evening in detail. When she was finished, he was quiet and then he said, “We have a detective on the force who deals exclusively with fraud in the medical community. I have to say I don’t know that much about it. I’ll give him a call and see what I can find out. Is there more?”
“Actually, quite a bit, Mitch. I’ll let Sean tell you what he found out about the doctor and when you speak to your contact, see what he thinks about it. Sean, please tell the detective what you were able to find out.”
Sean began to speak and even though the others in the room had heard it before, they were just as rapt hearing it for the second time as they had been the first time. He concluded by saying, “Detective, I’d really like to know what your expert has to say about what I’ve just told you. If he’d like to know where I found the information, if it’s something I can share with him, I’d be happy to.”
Detective Latham sat for a long time, deep in thought, and then he said, “Mr. Langley, Walter, I understand that both of you represent Mrs. D’Amato, although for different things, is that correct?”
“Yes,” Walter answered. “I’m representing her regarding her petitioning the court for a family allowance during her pregnancy, and when her twins are born, I will be representing the twins to claim their share of Bernie Spitzer’s estate. Roger is representing her as far as any legal defense that may be required in connection with the murder of Bernie Spitzer.”
“So, it’s fair for me to say both of you would more or less be representing her when she has her meeting with Dr. Throckmorton tomorrow evening. Would that be correct?”
Michelle spoke up. “Detective, I’m not going to attend the meeting. I can’t be alone with that man knowing what I now know. What if he decides to do something to me? It’s after hours, and no one will be in his office.”
“I’m well aware of that Ms. D’Amato. Believe me, I’ll make sure that nothing happens to you, however I think it’s critical for you to attend that meeting for a number of reasons. He just went to the top of my list of suspects, but let me remind you of something. Dr. Throckmorton needs you to be healthy so you can deliver the twins, and he can get the $500,000 he’s demanding from you. I will give you my word that absolutely nothing is going to happen to you. I intend to have several of my men nearby, and I will be there as well. Believe me, you’ll be as safe as you’ve ever been. I need to figure out exactly how I want to do this, not only for your safety, but so we can have a record of everything that takes place during that meeting.”
“How do you intend to do that?” Michelle asked, doubt written all over her face.
“I don’t know yet. I’ll definitely want you to wear a recording device, but I need to figure out what would be the best one for you. Am I correct that this is not a medical examination, but simply a meeting in his office?”
“Yes, there’s no reason for an exam. He examined me right after the results of the ultrasound showed that I was pregnant with twins and said everything was fine.”
“In that case, we could conceal a recording device in your clothing or mount it in your jewelry. I’d like to meet with all of you tomorrow afternoon and work out the details. I also want my friend to look over what Sean has and see what else he can find, if anything. It’s getting late, and mothers-to-be need their beauty sleep, or so my wife told me when she was pregnant. Does anyone have any questions?” he asked as he looked around the room at each of them.
“I do. I know this probably sounds silly, but I’m scared to be alone with him, and I don’t think he’ll let anyone else be in the room with me if we’re going to talk about me paying him $500,000,” Michelle said.
“I understand your concern, but let me reiterate that I’m sure the doctor wouldn’t do anything to hurt you or your babies,” the detective said. “It’s in his best interests to make sure nothing happens to you.”
“That’s easy for you to say. You won’t be the one in the room alone with someone who may be a murderer.” Michelle folded her arms, and she looked at Walter for support.
There was silence in the room as they all recognized the truth of her words. Liz broke the silence by saying, “Detective Latham. I may have a solution to the problem.”
“If you do, I think we’d all like to hear it,” he said.
“I won’t go into the details, but I’ve been involved in the investigation of several murder cases. I have no formal training, it just seemed I happened to be there when murders were involved. Before Roger and I were married, a murder occurred at the spa I own, The Red Cedar Lodge and Spa. Roger became concerned for my safety since he was working in San Francisco, and I was in Red Cedar. He bought Winston for me,” Liz said as she nodded towards Winston, who was lying on the floor next to Roger. When he heard his name, Winston stood up and put his head on Liz’s lap.
“That’s a beautiful dog, Mrs. Langley, but I fail to see what this has to do with Michelle,” Detective Latham said.
“I’m getting there. Roger bought him from a trainer who specializes in guard dogs. His name is Ed James. You may have heard of him.”
The detective interrupted her,
“Of course, I know him. The department buys all of their dogs from him. He’s the best in the business.” He turned to Roger and said, “That must have set you back a bit. His dogs don’t come cheap.”
“It was the best investment I ever made,” Roger said. “Winston has been responsible for saving Liz’s life several times, and you can’t put a price on that.”
“I’m getting the sense that your solution to Michelle being by herself in the doctor’s office has something to do with Winston. Would that be correct?”
“That it would. As you know, all of the James dogs are trained both in verbal commands and touch commands. I was thinking that Michelle could take Winston home with her tonight. If I say it’s all right, Winston will go with her. That way they could establish a bond. Michelle could tell the doctor that she’s been seeing a psychiatrist, and the psychiatrist recommended that Michelle get a comfort dog. Winston will be the comfort dog, and I imagine the doctor will allow him to accompany Michelle into his office.
“All right. So far, I’m liking the plan. Then what?”
“I’ll spend some time with Michelle tomorrow showing her different touch commands for Winston. If she feels threatened in any way, Winston will instantly react to her command, and I assume that you and your men will be close enough by that you could be in the doctor’s office in a matter of minutes, if not seconds.” She turned to Michelle and said, “Would that make you feel safer?”
“Yes. When I was at your spa several months ago, I’d often go up to the lodge just to see Winston. You may remember as soon as I entered the room this evening, he walked over to me. I’d love to have him spend the night with me. Thank you. I think that solves my problem.”
“Detective, how does that sound to you?” Michelle asked.
“I think it will work. Let me figure out a few more details. I’d like to meet here at 3:00 tomorrow afternoon. That will give me time to go over whatever else I’ve found out and prepare you for the meeting with the doctor.”
He looked around the room and they all nodded, then Walter spoke. “Mitch, however you decide to play this, I want to be involved. I recognize the doctor probably wouldn’t allow me to go into the room with Michelle, but I want to be with your men.”
“So do I,” Roger said, “and I think one of the bodyguards I hired for her should be there as well.”
“I’ll accompany Michelle to his office and stay out in the reception area. I want to be a part of this, too,” Liz said.
Detective Latham looked over at Sean and said, “Looks like it’s beginning to get a little crowded. I suppose you want to be in on this as well?”
“Nope, I coach my nephew’s soccer team, and we have a huge game tomorrow night. If we win it, we’ll be league champions. You’d probably be investigating another murder if I asked my assistant to take that game,” Sean said laughing. “However, I’ll be here at three tomorrow, and I plan on doing some more research as well.”
“All right now that it’s decided, do you think Winston would let me take him for a walk when I take Michelle home?” Walter asked. “After the day she’s had, I think she needs to rest.”
“Yes, let me give him a couple of commands.” She petted Winston and said, “Winston, guard Michelle. Guard Michelle,” and at the same time pointed with her hand towards Michelle. The big boxer immediately stood up and walked over to Michelle, sitting next to her. Liz turned to Walter. “Walter, walk over to Winston and hold out your hand. Let him sniff it. When he licks it, reach down and pet him.”
Walter went over to Winston, and a moment later Liz said, “Winston, guard Walter, guard Walter. That should take care of it for tonight. If you have any questions, give me a call. Michelle, I have one favor to ask of you. Do not let Winston sleep with you. He sleeps outside our bedroom, and he can do the same with you.”
“Uh-huh, sure Liz,” Michelle said, and Liz knew with certainty where Winston would be spending the night.
Oh well, Michelle has enough on her mind and since Winston is now a comfort dog, if it comforts her, what’s one night sleeping on a nice soft bed with Michelle?
CHAPTER 27
Roger pulled onto the freeway and said, “Liz, it’s going to feel strange not to have Winston with us, but I think you did the right thing.”
“It was the only thing I could think to do. On one hand, Dr. Throckmorton, whether he’s the murderer or not, needs Michelle to be healthy so she can deliver those twins, but on the other hand, being alone with a possible murderer is not something I would recommend.”
“Given the murders you’ve been involved in, and how many times you’ve been alone with murderers, I think you’re more than well-qualified to speak on the subject, although it’s one I wish you weren’t so knowledgeable about,” Roger said with a touch of irony.
“If it’s any consolation to you, I feel the same way. The doctor is certainly not going to want any witnesses about Michelle paying him $500,000 when her twins are born, particularly if the person with her looks like a lawyer or someone involved in law enforcement.”
Roger took his eyes off the road for a moment and said, “Liz, do you think I look like a lawyer?”
“Absolutely. I could pick you out of a lineup. Quite frankly, the vest you usually wear when you’re seeing clients kind of gives you away, not to mention a few other things.”
“Like what?”
“You know how you just know a guy’s a cop because he has a mustache. Well, lawyers just look a certain way, too.”
“Liz, I’m really surprised to hear you say that. I’ve heard you mention on a number of occasions that you’re totally against profiling, and if that isn’t profiling, I don’t know what is.”
“I disagree. If every time you’ve met someone who belongs to a certain group of people and they share one thing, when you see a person who has that particular thing, of course you’re going to think they’re part of that group.”
Roger frowned. “Actually, I don’t think we’re getting anywhere with this conversation. Let’s get back to Michelle and Bernie’s death. What’s your take on everything we heard tonight? You always have interesting insights, at least other than profiling insights, so I would like to know what you think.”
Liz was quiet for several moments and then said, “I think the doctor certainly has a motive, what with being in debt, and trying to please his beautiful wife. His means of income will be placed in jeopardy if he’s ever found guilty of committing blackmail in his infertility practice. Of course, that’s not even addressing what would happen to his income if he goes to prison. If you combine those issues, it leaves me one central thought, he’s desperate, and yes, he should be considered dangerous.”
“For the sake of argument,” Roger said, “let’s say the doctor is found guilty of murdering Bernie Spitzer. Here’s the interesting part. If, in fact, Michelle did sign a valid contract agreeing to give him $500,000 upon the healthy delivery of her babies, even if he’s in prison, contractually he could still legally receive the money. In the eyes of the law, a contract is a contract, and the courts will enforce it.”
Liz gasped. “Seriously, Roger? That doesn’t sound right. And another thing you just said would cause anyone to know you’re a lawyer.”
“What’s that?”
“When you said ‘for the sake of argument.’ Lawyers always want to have the last word in an argument.”
“I’m not even going to address that. Let’s get back to the contract Michelle might have signed. It may not sound right, but that’s the law. We have to impress upon Detective Latham and everyone else how critical it is for Michelle to get a copy of that contract. First of all, I’d like to see if one even exists. Secondly, if she did sign it, was it under duress, although since she doesn’t even remember signing it, that probably isn’t going to work. Thirdly, if her signature is on it, is it really her signature?”
“What do you mean? Do you think the doctor might have forged her signature?” Liz asked.
“That’s a p
ossibility, but there’s another one that sounds less risky. I’ve never heard of a doctor operating on someone or even doing a minor in-office procedure without the patient signing a consent form. I think a doctor’s malpractice insurance carrier would have an apoplectic fit if such a form wasn’t signed. Maybe Michelle signed a consent form just before the procedure, and afterwards he attached the signed consent form with her signature on it to the contract. It’s been my experience that people almost never read a consent form in that type of situation.”
“Well if that’s the case, how would you ever prove what she signed really wasn’t what she thought it was?”
“That’s why Walter made the comment, that’s what keeps lawyers in business. It’s also why I always tell my clients to read every word before they sign anything. Ah, home sweet home,” he said as he turned up the lane leading to the Red Cedar Lodge and Spa. “It’s really late, and I had a sandwich from Walter’s refrigerator, but I’m in the mood for something tasty. Got any ideas?”
“With a little luck, there will be a couple of extra pieces of the black and white cheesecake Gina was going to make for dinner tonight. Keep your fingers crossed that the guests didn’t have seconds.” Roger parked his car, and they both climbed out.
“I’d hope not,” Roger grumbled. “I’d think if you wanted to go to a spa you’d a least try to eat healthily, and two pieces of cheesecake doesn’t sound real healthy to me.”
“Agreed.”
They walked into the great room of the lodge, and Liz headed towards the kitchen to check the refrigerator and see if there was any cheesecake left. A moment later she called out to Roger who was looking at his email. “You must be living right. There are two pieces of cheesecake with our names on them. I’ll plate them and put them on the counter.”
Murder in San Francisco Page 12
