"He was a great investigator," Jerrod said. "I just got to know him on this Usher case. He told me working that case was the most fun he had in a long time. Until the case got taken... never mind."
Lorena looked at Stan and back to Jerrod.
"Let me know when the services are scheduled," she asked.
"I will," Jerrod said. "It looks like I'm going to keep the Usher case... for now at least."
"Let's get to business then," Lorena said. "I've decided to charge Nicolas Usher with a total of three felonies. I've amended the complaint to include one count of residential burglary to the charges," she continued, "I hope to show Usher went into Hank Jones' trailer with the intent to steal from him. He then killed Mr. Jones in the commission of the burglary and took the car as an afterthought."
"The burglary part may be a little hard to prove," Jerrod said. "How do you propose to do that?"
"I don't prove anything," Lorena said. "I put together a case and argue the evidence. You provide the proof, Sergeant."
Jerrod looked at Stan and shrugged.
Stan said, "What Lorena's saying is we still have a lot of work to do to get Nick Usher actually convicted."
"I'm charging Usher with first-degree murder under the 'felony-murder rule," Lorena said. "To get a first-degree murder conviction, we typically would have to prove Usher intended to kill Mr. Jones and he did it 'with malice aforethought' or, in other words, with some level of premeditation."
Jerrod nodded.
Lorena continued, "However, the 'felony-murder rule' makes the killing first-degree -- even if unintentional -- if it was committed in the course of one or more certain felonies."
"Burglary is one of those felonies," Stan added.
"I understand," Jerrod said.
"The best way I see to argue Hank Jones was killed during the commission of a burglary," Lorena said directly to Jerrod, "would be to show Nicholas Usher had done it before under similar circumstances."
Jerrod finished the thought, "By proving he also killed Walter Jelinski back in October."
"You're a very quick study, Sergeant," Lorena said. "Usher's preliminary hearing is in two weeks." She looked at Jerrod and then Stan. "You two better get busy."
CHAPTER 85
"We couldn't prove Usher killed Walter Jelinski before the Jones case," Jerrod said to Stan in his office. "How the hell are we going to prove it now?"
"Let's look at what we do have," Stan said.
"Not much."
"We have Dolores Heikki telling you Nick went to Walter's house to collect some money, right?"
"Yes," Jerrod said. "But she never saw the money."
"Doesn't matter. It goes against what Nick told us about going to Walter's house to just check on him. He told her he got $300 from Walter. That's more than we had before."
"True."
Stan added, "But what we really need is that revolver taken from Walter's bedroom somehow connected to Usher. That'll put it together nicely."
* * *
The clerk at the pawn shop in Mulga, Oklahoma examined the Ruger handgun.
"I'll give you $50 dollars for it."
"$70 dollars and it's yours," said the homeless man who found the gun in the mini-market garbage bin during his "can route" a few days earlier.
"How about $60?" the clerk suggested.
"Deal," the man said.
"I need to see some ID and fill out a form. There'll be a ten-day hold on the gun while the police department checks to see if it's stolen."
"Can I get the money today?"
"No. After the ten days."
"Okay."
CHAPTER 86
January 26, 1991 -- Saturday Morning
Sergeant Brent Rozman's funeral was formal and very public -- the first such funeral for an on-duty Mesa Sheriff's deputy death since 1966.
All sworn personnel, except five deputies and one sergeant on patrol at that time, were present at the funeral. Hundreds of uniformed officers from other agencies arrived for the service and burial.
All had black elastic bands stretched across their badges.
A procession of gleaming Mesa Sheriff's Office green-and-whites with their overhead lights flashing escorted the black hearse from Temple Bat Yam in Willowmere to the small cemetery in Mesa.
Jerrod Gold and Nikki Verdugo followed the procession from the synagogue.
"That was a nice service," Nikki said to break the silence. "I'm so sorry for his wife and kids."
Jerrod snapped out his deep thoughts. "Yeah... uh... yes... very nice... and sad."
"I'm not Jewish, so I didn't quite under what was happening," she said. "But I thought that one deputy who spoke about Brent was nice. He seemed very sincere."
"That was Lieutenant Mitchell Sullivan. He's our... my boss in Investigations."
"He was so right. It was such a 'tragic accident,'" she sighed.
"Yes it was." Jerrod thought for a few moments. "Sullivan said 'tragic accident' four times during his speech."
Every road in the tiny cemetery was lined with cars. The hearse carefully wound through the knot of vehicles until it found a reserved space near the prepared grave site.
The SO honor-guard -- one male sergeant, two male deputies, and one female deputy -- were meticulously dressed in formal "Class A" uniforms and white gloves. They marched into place near the hearse and snapped to attention as Brent's family members emerged from a black limousine and were escorted to the grave.
Six male deputies in Class As -- including Detectives Jeff Moreno and Calvin Yee -- carried the US flag-draped simple wooden casket from the hearse to a stand over the open grave.
Jerrod and Nikki held hands as they walked together across the cemetery grass.
"You look handsome in your uniform, Jerrod."
"Thank you. I have to go over with the other guys. I hope you understand?"
"I do. I'll be over here." He kissed her.
Jerrod joined the other uniformed SO personnel along the grave. They formed tight columns, four-deep, and were called to attention when the honor guard sergeant gave the order.
A rabbi spoke and a cantor sang in Hebrew.
All uniformed personnel saluted as the honor guard lifted the flag from the casket and meticulously folded it into a tight triangle -- leaving only the blue background and white stars visible.
Sheriff Wayne B. Osborn -- who had not spoken at the service -- received the flag from the honor guard sergeant. He walked to Brent's wife and spoke to her quietly before presenting the flag to her. He shook the hand of Brent's ten year-old son.
An order was barked and seven deputies -- all SWAT members -- simultaneously fired three successive blank rounds from assault rifles.
A recording of the British rock band Dire Straits' song, "Brothers In Arms," was played as the casket was lowered into the grave.
The rabbi invited the family members and all attendees to place a handful of soil onto the casket. Uniformed personnel, many with tears streaming down theirs faces, took their turn saying goodbye to their friend and co-worker.
Then it was over. Buried... but not forgotten.
CHAPTER 87
Saturday Afternoon
Jerrod opened his second Heineken and sat alone in his kitchen. Nikki walked in and sat down with him.
"Sad day," she said.
"It was. I just talked to Brent the other day. Now he's gone."
"I think I know exactly what you feel right now."
Jerrod looked up from his beer. "Of course you do... Blake. I'm so sorry."
"Don't be sorry," she said. Her eyes got glassy. "I'm learning to enjoy each day and everyone I love. Tomorrow isn't guaranteed to anyone."
"It isn't guaranteed," he repeated.
"When Blake died," she paused, "I thought my world had ended. A day or so after the funeral, a friend came by and asked if she could pray with me. We prayed and cried and prayed more. Nothing really came of it."
Jerrod nodded.
"But a few d
ays later, I was driving somewhere with the girls and they started bickering. I turned to yell at them, but 'something' stopped me. I realized I wasn't always going to hear their little voices -- bickering or otherwise. I felt a deep pain for Blake, but then -- just as suddenly -- felt a huge relief. I knew he was safe in a wonderful place and we would all see him again. I was at total peace."
They sat in silence for a full minute.
"I love you, Nikki."
"I love you too."
He sipped his beer.
"Jerrod. Please understand I enjoy every minute with you..."
He put the beer down. "But?"
"We've been together over five years."
"Five great years."
"They have been great. But I'm not going to your retirement party... or your funeral... as just your girlfriend."
Jerrod paused as he tried to come up the right words.
She placed her finger over his lips. "Don't say anything right now."
CHAPTER 88
February 1, 1991 -- Mesa County Superior Court
"I honestly didn't know if we were going to get him bound over for trial or not," ADA Lorena Delgado said as she, Jerrod Gold and Stan Walsh walked out of the courtroom following Nick Usher's preliminary hearing. "Good thing we only have a 'strong suspicion' standard to get a holding."
"Vinnick was real good," Stan said.
Preston Vinnick was the senior attorney from the Public Defender's Office assigned to represent Nick Usher.
"We're going to need a lot more to give to a jury," Lorena said. "Has there been any progress on the other case -- the Jelinski murder?"
"We don't have anything new on the Jelinski case," Jerrod said.
"We can prove the auto theft in the Jones case," Lorena said. "No problem. The burglary and murder charges. I'm not so sure. We have a couple months to get ready."
* * *
"Chief," the records clerk at the Mulga Police Department said.
"Yes?" the Chief of Police asked.
"This pawn slip, sir," she held the yellow duplicate copy of the slip sent in the mail from the pawn shop. "The gun on this slip is stolen... from California."
* * *
"Is the gun still at the pawn shop, Chief?" Jerrod asked.
"I sent an officer out there to get it. It's past the ten-day hold, but even if it's been sold -- we'll get it back for you."
"How about the person who pawned it?"
"Everyone knows him," the chief said. "This town's pretty small. We can find him."
"Thanks, Chief. You just made my day. I owe you one."
* * *
"The Mulga PD has the gun," Jerrod told Lorena and Stan. "It has "WJ" scratched on it. And I just got off the phone with the guy who found it. He picked it out of the garbage can at the mini-market right where Nick Usher was standing when he was arrested."
Lorena leaned back in her chair. "You have two options, Sergeant."
"What's that?"
"I can just file the murder charges on Usher on the Jelinski case or you can go over to the jail and arrest him again yourself."
* * *
"I thought they pulled me out to see my attorney," Nick Usher said as he was escorted into the County Jail room usually reserved for attorney-client meetings. "You can't ask me any more questions. I have a lawyer now."
"No questions, Nick," Jerrod said. "Just came over to let you know you're going to be booked on a new charge. The murder of Walter Jelinski."
"Good luck with that," Nick said. His voice held a confident tone.
"We have Walter's Ruger, Nick. From the mini-market trash can in Mulga."
Nicholas Usher didn't respond, but the "11" between his eyebrows made a strong appearance.
"Like I said, Nick. No questions."
* * *
"You did what?" Lieutenant Mitchell Sullivan said from behind his desk when Jerrod told him about arresting Nick Usher on probable cause for the Jelinski murder. "You just did it. Just walked next door to the jail and arrested him on PC. Didn't even think to mention it to me in advance?"
"I'm telling you now, sir."
Darrell Regner was in the room and had his familiar sarcastic grin. "Nice. Now the clock's ticking on that case too. Good luck."
"How about you worry about your own cases," Jerrod said. "And try to keep your nose from getting broken if the lieutenant makes any sudden turns."
"Fuck you, Golden Boy."
"Enough of that. Both of you."
* * *
"Hello," the voice on phone said as he answered the phone.
"Donny Jelinski," Jerrod said.
"I told you I'd send some money. I know I'm late--,"
"Donny," Jerrod interrupted. "I'm not a debt collector. This is Sergeant Gold with the Sheriff's Office."
"You're the fucker that--" Donny yelled into the receiver.
"Donny. Shut-up for a second. I just arrested Nick Usher for murder -- for killing your father."
"Nick? What? I heard about the other..."
"I'll explain it all to you later. But he's being charged with a second murder... of you're dad."
"I..."
"And I just got off the phone with the life insurance investigator. I suspect you'll be getting a check in the mail within the week."
"I don't know... uh... what to say..."
"Then don't say anything, Donny."
CHAPTER 89
February 20, 1991 -- Wednesday Morning Meeting
Lieutenant Mitchell Sullivan began the meeting on a somber note: "The investigation into the death of Sergeant Brent Rozman has been completed. Sergeant Regner has compiled all the reports and it has been officially ruled an accidental death."
Jerrod looked at the empty chair across the table and then at Regner. Regner glared back at him. Jerrod moved his vision to the right and met Ted Lindsey's eyes. Ted looked away after a fraction of a second.
"Lieutenant?" Jerrod asked. "Just curious. What case was Brent working on that night? It was after business hours and he was on overtime--"
"Those details were included in the report," the lieutenant interrupted. "Sergeant Regner has documented all of those aspects of the investigation."
"May I see the report, sir?"
Regner intervened. "It was filed under a confidential case number. So no, you can't see it."
Jerrod didn't look away from the lieutenant. "I wasn't talking to you. My question was for the lieutenant."
"The report is confidential," the lieutenant said -- his displeasure with Jerrod's questioning was obvious. The report is secured in Sheriff Osborn's office. That's where confidential reports are kept."
"Okay," Jerrod said.
CHAPTER 90
March 1991 -- Mesa County Superior Court
"I've read both of your briefs," Judge Alexander Kohnke said from his raised courtroom desk. "I think I understand the issues, but I welcome your arguments."
Jerrod Gold sat at the prosecution table next to Lorena Delgado. Nick Usher was dressed in an orange jail jumpsuit and sat next to his attorney at the defense table.
Judge Kohnke continued, "I'm certain neither of you have a shortage of words today. Ms. Delgado, please proceed."
"Thank you, Your Honor," she stood as she spoke. "The People have requested joinder of these two murder cases because we believe they are similar enough to be tried together by the same jury. The simple facts are a follows: Two elderly gentlemen were found dead in their bedrooms, both lived just outside the city of Valle Verde, both lived alone, and both knew Mr. Usher. Both crimes occurred within a few months of the other. There was no evidence of forced entry found at either scene, the weapons used to commit both killings were obtained at the scene, and property belonging to both of the victims was taken by Mr. Usher after the killings."
"Mr. Vinnick?" the judge said.
Preston Vinnick -- fifty-years old, organized, and articulate -- stood as he clasped the top button of his conservatively dark and tailor-made wool suit. "Thank you, You
r Honor. I appreciate The People would love to try these two cases together. But even together, these cases are still highly circumstantial and, frankly, pretty thin. The People are simply trying to prop up a weak case with a weaker case. 'Let's throw everything at the jury' seems to be Ms. Delgado's strategy here."
Lorena stood to speak.
Preston continued his argument. "I'll tip my hand right now. The death of Mr. Jones was an unfortunate accident that my client deeply regrets. And the death of Mr. Jelinski – well, I don't know what happened there -- because Mr. Usher just didn't do it. In fact, he submitted to a polygraph examination and passed it."
"Ms. Delgado," the judge said.
"Thank you, Your Honor. Regarding the polygraph. The Defense has moved that the polygraph results be allowed at trial. I don't need to remind the Court that polygraph results are never admissible in a criminal case unless both sides agree. The People do not join The Defense on this matter."
"I can rule on the polygraph issue right now," Judge Kohnke said. "Polygraph results have been inherently suspect for decades and consistently ruled unreliable by the courts. If polygraph results were reliable, we wouldn't need juries... or... judges... or either of you, for that matter. We could just subject everyone accused of a crime to a polygraph: If you pass the test; you go free. Fail the test; you go to jail. I'm denying the request to admit the polygraph results as evidence."
Cross Examination: The Second Jerrod Gold Novel (The Jerrod Gold Novels Book 2) Page 28
